Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Zinfra Contracting Pty Ltd T/A Zinfra

[2023] FWC 901

[2023] FWC 901

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

Zinfra Contracting Pty Ltd T/A Zinfra

(B2023/346)

DEPUTY PRESIDENT CLANCY MELBOURNE, 18 APRIL 2023

Proposed protected action ballot of employees of Zinfra Contracting Pty Ltd Trading as Zinfra

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 Zinfra Contracting Pty Ltd T/A Zinfra (Respondent).

1. On 17 April 2023 my Associate was advised that the Respondent did not object to the application.

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 Lee Archer 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 PR761150.
   

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761149>