CPSU, the Community and Public Sector Union v Ausgrid
[2015] FWC 714
•30 JANUARY 2015
| [2015] FWC 714 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.437—Protected action
CPSU, the Community and Public Sector Union
v
Ausgrid
(B2015/252)
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 30 JANUARY 2015 |
Proposed protected action ballot of employees of Ausgrid, Fair Work Act 2009 ss. 414(2)(a), 437, 443(1) and 443(5).
[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Community and Public Sector Union (CPSU). The CPSU seeks a protected action ballot order in relation to certain employees of Ausgrid.
[2] I am satisfied that each of the relevant requirements of the Act, and s.443(1) in particular, have been met. Accordingly, an order must be made. In reaching my decision I rely upon a witness statement dated 28 January 2015 of Ms Rachael O’Shea, Industrial Advocate with CPSU.
[3] In accordance with s.443(5) of the Act, I am satisfied that there are exceptional circumstances justifying an extension to the period of written notice contained in paragraph 414(2)(a) of the Act. The period will be extended to 7 working days. In reaching this decision I rely on a number of decisions that I made in number of matters related to this matter. 1 No submission was made by the CPSU to dissuade me from the decision I made in those matters on 12 January 2015. 2
[4] The CPSU and Ausgrid have agreed that the ballot should be conducted by way of postal vote and that I should record that fact in this decision.
[5] An order [PR560539] based on the draft order provided by the CPSU will be issued in conjunction with this decision.
SENIOR DEPUTY PRESIDENT
Hearing details:
Sydney
2015
January 30
1 B2015/5, B2015/6, B2015/8, B2015/11 and B2015/12.
2 [2015] FWC 244; [2015] FWC 242; [2015] FWC 238; [2015] FWC 236; and [2015] FWC 243.
Printed by authority of the Commonwealth Government Printer
<Price code {A}, PR560538>
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