United Voice v CSR Limited

[2019] FWC 5226

[2019] FWC 5226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

United Voice
v
CSR Limited
(B2019/588)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 26 JULY 2019

Proposed protected action ballot of employees of CSR Limited.

[1] This is an application lodged on 25 July 2019 by United Voice (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 CSR Limited (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. By letter dated 16 July 2019, the Respondent advises that:

“… we will not be opposing the application. We do request for it to be noted that we do not support the Application and believe the Application is premature given the parties have only met on four occasions.”

[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 Kevin Sneddon of United Voice dated 25 July 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.

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

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

DEPUTY PRESIDENT

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