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

[2018] FWC 7442

[2018] FWC 7442

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

Telstra Corporation Limited

(B2018/1126)

Deputy President Hamilton MELBOURNE, 6 DECEMBER 2018

Proposed protected action ballot of employees of Telstra Corporation Limited.

1. This decision concerns an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Telstra Corporation Limited (respondent).

1. On 3 December 2018, the respondent advised the Fair Work Commission (Commission) that it objected to the application.

1. The matter was listed to be heard before me on 6 December 2018.

1. On 5 December 2018, the applicant advised the Commission that the parties were able to reach agreement on the application. This was confirmed by the respondent.

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

1. I have considered the application and the statutory declaration of Mr Shane Murphy, the Divisional President of the CEPU Communications Division, setting out the steps taken by the applicant to try to reach agreement with the respondent.

1. I am satisfied that there is a notification time in relation to the proposed agreement, that the applicant has been, and is, genuinely trying to reach agreement with the respondent, and that the other requirements for the making of a protected action ballot order have been met.

1. Accordingly, the Commission is required under s.443 of the Act to make a protected action ballot order.

1. An order has been separately issued in PR702940.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR702939>