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

[2013] FWC 5771

[2013] FWC 5771

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
ZNX Pty Ltd
(B2013/1119)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 14 AUGUST 2013

Proposed protected action ballot by employees of ZNX Pty Ltd.

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

[2] On 13 August 2013 my associate was advised by Ms Jennifer Gray, the Industrial Relations Manager of the Zinfra Group, that it was aware of the application and would not oppose the application. In doing so, the respondent did not challenge that the CEPU had been and was genuinely trying to reach agreement.

[3] The CEPU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on five occasions since 13 June 2013 in an effort to negotiate the terms of an enterprise agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR540290] is based on the draft order provided by the CEPU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540289>