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

[2013] FWC 3179

[2013] FWC 3179

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
V/Line Pty Ltd
(B2013/878)

COMMISSIONER BISSETT MELBOURNE, 21 MAY 2013

Proposed protected action ballot by employees of V/Line Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of V/Line Pty Ltd (the Respondent). The application was made on 13 May 2013.

[2] Upon being contacted by my associate, and following further discussions between the CEPU and the Respondent, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWC must make a protected action ballot order

(1) FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CEPU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made. The Order [PR536999] issued on 16 May 2013 is based on the draft order provided by the CEPU.

COMMISSIONER

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