Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd

[2017] FWC 5222

[2017] FWC 5222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

Section 437 - Application for a protected action ballot order

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

v

The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd

(B2017/936)

Deputy President Anderson ADELAIDE, 12 OCTOBER 2017

Proposed protected action ballot of employees of The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd

1. This is an application lodged with the Commission on 6 October 2017 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd (the Respondent).

1. The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

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

1. On the basis of the material before me, including the statement of Mr Simon Pisoni of the CEPU dated 27 September 2017, and his statutory declaration dated 6 October 2017, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

1. I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

1. An order in conformity with the FW Act is being issued in conjunction with this decision.[1]

DEPUTY PRESIDENT

[1] PR596675

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<Price code A, PR596676>