Benchmark WA Industrial Relations Case Database

Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWC 686 Fair Work Commission 2013-01-01 cited 1×
Source
Cited 1×
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: SCA Hygiene Australasia Pty Ltd

Ratio

The Fair Work Commission granted an order for a protected action ballot under s.443(1) of the Fair Work Act 2009, as the statutory requirements were satisfied and the respondent did not oppose the application.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • CEPU members were employed by SCA Hygiene Australasia Pty Ltd
  • CEPU was negotiating with SCA Hygiene for a new enterprise agreement
  • SCA Hygiene did not oppose the application for a protected action ballot
  • SCA Hygiene confirmed CEPU had been negotiating in good faith

Factors

For
  • Requirements of s.443(1) Fair Work Act 2009 were satisfied
  • Respondent did not oppose the application
  • Respondent confirmed good faith bargaining for new enterprise agreement
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 5

[P]Protected action ballot order [P]Protected industrial action [S]Enterprise agreement approval [S]Good faith bargaining [M]Standing to bring application
Archived text (232 words)
Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWC 686 (30 January 2013) [2013] FWC 686 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 SCA Hygiene Australasia Pty Ltd (B2013/578) COMMISSIONER RYAN MELBOURNE, 30 JANUARY 2013 Proposed protected action ballot by employees of SCA Hygiene Australia Pty Ltd. [1] This is an application for a protected action ballot of members of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) employed by SCA Hygiene Australasia Pty Ltd (SCA Hygiene). [2] Ms Jade Pearce, HR Business Partner for SCA Hygiene, advised my chambers by email on 30 January 2013 that the company does not oppose this application and that it believes that the CEPU has been negotiating with the company in good faith for a new enterprise agreement. [3] In the circumstances I have decided to determine the matter on the papers without holding a hearing. [4] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the CEPU has issued in conjunction with this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR533652>