Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic and Transport

[2017] FWC 4588

[2017] FWC 4588

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
Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic and Transport
(B2017/778)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 SEPTEMBER 2017

Proposed protected action ballot of employees of Tyco Projects (Australia) Pty Ltd T/As Tyco Traffic and Transport.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) applied for a protected action ballot order.¹

[2] The ETU sought an order that employees of Tyco Projects (Australia) Pty Ltd who are members of the ETU and who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[3] It was not disputed that:

(1) The ETU is a bargaining representative for employees.²

(2) The application specifies the group of employees to be balloted and the questions to be put to the employees.³

(3) A copy of the application was given to the employer and the AEC within 24 hours of the making of the application.⁴

(4) The nominal expiry date of the agreement has passed.⁵

[4] Mr Reno Lia, an ETU Branch Organiser, filed a statutory declaration in support of the application.

[5] While the application was initially opposed by Tyco, its representative advised prior to the hearing that it did not oppose the granting of the order.

[6] On the basis of the material before me, I am satisfied that the ETU has met the statutory prerequisites for a protected action ballot order and I am satisfied that the ETU is genuinely trying to reach an agreement.

DEPUTY PRESIDENT

1 See s.437 of the Fair Work Act 2009

2 Ibid s.437(1)

3 Ibid s.437(3)

4 s.440

5 s.438(1)

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