Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The Herald and Weekly Times Pty Ltd

[2011] FWA 8309

[2011] FWA 8309

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
The Herald and Weekly Times Pty Ltd
(B2011/4020)

COMMISSIONER RYAN MELBOURNE, 1 DECEMBER 2011

Proposed protected action ballot by employees of The Herald and Weekly Times Pty Ltd.

[1] This is an application for a protected action ballot of members of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) employed by The Herald and Weekly Times Pty Ltd (HWT).

[2] The application was filed by the CEPU on 29 November 2011.

[3] On 30 November, in response to an emailed enquiry made by my Associate in relation to this application and a similar application of the AMWU, the following advice dated 30 November 2011 from the Group Employee Relations Manager, Andrew Biocca, of HWT was received:

‘On behalf of the Herald and Weekly Times Pty Ltd, I wish to advise that we don’t propose to appear in any proceedings regarding these matters and we will await FWAs decision regarding the same.’

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the CEPU has been issued in conjunction with this decision.

COMMISSIONER

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