Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Watson Fitzgerald & Associates Pty Ltd

[2019] FWC 7645

[2019] FWC 7645

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
Watson Fitzgerald & Associates Pty Ltd
(B2019/1278)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 7 NOVEMBER 2019

Proposed protected action ballot of employees of Watson Fitzgerald & Associates Pty Ltd

[1] This is an application lodged on 4 November 2019 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or 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 Watson Fitzgerald & Associates Pty Ltd (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent indicated by email on 5 November 2019 that it had a number of objections to the application. The matter was listed for hearing.

[3] By further email on 6 November 2019, the Respondent indicated that parties had consented to agree to the orders sought with two amendments. The Applicant confirmed this consent by way of email on 7 November 2019.

[4] In the circumstances, I have decided to determine the matters on the papers without holding the hearing.

[5] On the basis of the material before me, including the statutory declaration of Erin Elizabeth Hennessy of the CEPU lodged 4 November 2019, 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.

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

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

DEPUTY PRESIDENT

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