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

[2014] FWC 1834

[2014] FWC 1834

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
Tenix Australia Pty Ltd
(B2014/601)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 MARCH 2014

Proposed protected action ballot by employees of Tenix Australia Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Tenix Australia Pty Ltd (the Respondent Company).

[2] On 17 March 2013 my associate was advised by the Respondent Company that it was aware of the application and would not oppose the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the unchallenged statutory declaration of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order.

[5] The order [PR548735] is based on the draft orders provided by the CEPU with its application but does not include proposed paragraphs 1, 2 and 8 of the draft order as in my view, no utility is served by including those paragraphs in the final order.

DEPUTY PRESIDENT

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