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

[2023] FWC 1021

[2023] FWC 1021

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

Ventia Australia Pty Ltd

(B2023/384)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 MAY 2023

Proposed protected action ballot of employees of Ventia Australia Pty Ltd

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

1. The Respondent initially advised my Chambers that it objected to the protected action ballot order being made but did not ultimately outline a statutory basis that would support the application not being granted and nor did it request to be heard further in addition to its correspondence outlining its initial position.  The Respondent instead advised my Chambers that the parties had arrived at an agreed position to amend an aspect of the draft order. 

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

1. On the basis of the material before me, including the declaration of  Mr Nicholas McCubbin of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

1. An order has been separately issued in PR61516.

DEPUTY PRESIDENT

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