Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tasmanian Railway Pty Limited T/A TasRail

[2022] FWC 915

[2022] FWC 915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Tasmanian Railway Pty Limited T/A TasRail

(B2022/335)

DEPUTY PRESIDENT CLANCY MELBOURNE, 20 APRIL 2022

Proposed protected action ballot of employees of Tasmanian Railway Pty Limited T/A TasRail.

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Tasmanian Railway Pty Limited T/A TasRail (the Respondent).

1. On 20 April 2022, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Lee Archer of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR740525.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR740524>