Benchmark WA Industrial Relations Case Database

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

[2016] FWC 1654 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Tacoma Plumbing & Drainage

Ratio

The CEPU's application for a protected action ballot order under s.437 of the Fair Work Act 2009 was granted because the statutory requirements in ss.443(1)(a) and (b) had been met, including that there was a notification time for the proposed agreement and bargaining had commenced.

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 · 6

  • Application made under s.437 of the Fair Work Act 2009 by the CEPU seeking a protected action ballot order
  • The ballot relates to employees of Tacoma Plumbing & Drainage
  • Mr Gary O'Halloran, State Secretary of the CEPU – Plumbing Division, Queensland & Northern Territory Divisional Branch, provided an affidavit in support
  • The Employer, represented by Mr Wayne Smith of Master Plumbers Queensland, did not contest the application on statutory requirements
  • A notification time had occurred in relation to the proposed agreement
  • Bargaining had commenced between the parties

Factors

For
  • Notification time in relation to proposed agreement had occurred
  • Bargaining had commenced
  • Requirements of ss.443(1)(a) and (b) satisfied
  • No objection from Employer on statutory requirements
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) ss.443(1)(a) and (b)

Concept tags · 2

[P]Protected action ballot order [S]Good faith bargaining
Archived text (357 words)
Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FWC 1654 (16 March 2016) [2016] FWC 1654 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 (B2016/372) COMMISSIONER HUNT BRISBANE, 16 MARCH 2016 Proposed protected action ballot of employees of Tacoma Plumbing & Drainage. [1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Tacoma Plumbing & Drainage (the Employer). [2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Commission considering the application and making the protected action ballot order in the terms of the draft order. [3] On Wednesday, 16 March 2016, Mr Wayne Smith of Master Plumbers Queensland, the representative of the Employer, contacted the Commission to confirm that the Employer did not intend to contest the application based on the statutory requirements. [4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing. [5] The CEPU has filed an affidavit of Mr Gary O'Halloran in support of the application. Mr Gary O'Halloran is the State Secretary of the CEPU – Plumbing Division, Queensland & Northern Territory Divisional Branch. Mr Gary O'Halloran is the Branch Official with responsibility for representing the industrial interests of members employed by the Employer. [6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [ PR578044 ] based on the draft provided by the CEPU will issue at the same time as this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR578040>