Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Cited 1×
Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Respondent: Nilsen (NSW) Pty Ltd
Ratio
The FWC granted a protected action ballot order under s.437 of the Fair Work Act after the applicant union demonstrated through statutory declaration that it had genuinely attempted to reach agreement with the respondent and that the requirements of s.443(1) had been satisfied; the respondent did not object to 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 · 5
- Application made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for a protected action ballot order
- Respondent Nilsen (NSW) Pty Ltd did not object to the application
- Statutory declaration of Mr S Bankes setting out steps taken in bargaining with the Respondent Company
- Applicant union had been genuinely trying to reach agreement with the Respondent Company
- A notification time in relation to the proposed agreement existed
Factors
For
- Respondent did not object to the application
- Statutory declaration evidencing genuine attempts to reach agreement
- Notification time requirement satisfied
- Requirements of s.443(1) met
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
Concept tags · 3
Archived text (265 words)
Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FWC 4851 (20 July 2016)
[2016] FWC 4851
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.437
- Application for a protected action ballot order
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Nilsen (NSW) Pty Ltd
(B2016/717)
DEPUTY PRESIDENT GOSTENCNIK
MELBOURNE, 20 JULY 2016
Proposed protected action ballot of employees of Nilsen NSW Pty Ltd.
[1]
This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union
of Australia (the Applicant) made under
s.437
of the
Fair Work Act 2009
(the Act) for a protected action ballot order in relation to certain employees of Nilsen (NSW) Pty Ltd (the Respondent).
[2]
On 18 July 2016 my associate was advised that the Respondent did not object to the application.
[3]
In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
[4]
On the basis of the material before me, including the statutory declaration of Mr S Bankes of the Applicant setting out the steps
taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the
Respondent Company, 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 has been separately issued in
PR582975
.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR582976>