CPSU, the Community and Public Sector v Seven Network Operations Limited T/A Seven Network

[2018] FWC 7692

[2018] FWC 7692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector
v
Seven Network Operations Limited T/A Seven Network
(B2018/1190)

VICE PRESIDENT CATANZARITI SYDNEY, 18 DECEMBER 2018

Proposed protected action ballot of employees of Seven Network Operations Limited.

[1] This is an application by the CPSU, the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Seven Network Operations Limited T/A Seven Network (Respondent).

[2] On 17 December 2018, the Fair Work Commission was advised that the Respondent did not oppose the application, on the basis of the extended notice period and the form of undertaking provided by the Applicant attached in Schedule A to this decision.

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

[4] On the basis of the material before me, including the statutory declaration of Ms S Hargrave 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.

[5] An Order and Directions have been separately issued in PR703293 and PR703297 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR703295>

Schedule A

Contained in email of Community and Public Sector Union dated 18 December 2018

The CPSU, the Community and Public Sector Union provides the following undertaking:

Protected industrial action would only occur to the extent that it does not interfere with the capacity of Seven to make emergency broadcasts and/or national security where it is the nominated broadcaster for such broadcasts in Far North Queensland.