Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd

[2017] FWC 5222 Fair Work Commission 2017-01-01

Source

Deputy President Anderson

Not yet cited by other cases

Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Respondent: The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd

This case hasn't been analysed yet.

Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.

Authority signal

Not yet cited by other cases 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.

Concept tags · 4

[P]Protected action ballot order [P]Protected industrial action [S]Good faith bargaining [S]Declaration

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2014] FCAFC 8 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union	Federal Court — Full Court	2014-02-19	Against applicant	2	5
[2009] FWAFB 368 Total Marine Services Pty Ltd v Maritime Union of Australia	FWAFB	2009-10-09	Resolved	2	25
[2011] FWAFB 4809 Mornington Peninsula Shire Council v Australian Nursing Federation	FWAFB	2011-07-22	Against applicant	2	6
[2014] FCA 1119 Ambulance Victoria v United Voice (includes Corrigendum dated 18 November 2014)	Federal Court	2014-10-17	Resolved	2	4
[2025] FWCFB 264 The Association of Professional Engineers, Scientists and Managers,...	FWC — Full Bench	2025-11-20		2	0
[2024] FWCFB 46 Australian Rail, Tram and Bus Industry Union (139V) v Pacific National...	FWC — Full Bench	2024-02-05		2	0
[2023] FWCFB 134 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC — Full Bench	2023-08-04		2	0
[2023] FWCFB 11 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2023-01-19		2	0
[2022] FWCFB 240 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2022-12-16		2	0
[2022] FWCFB 204 National Tertiary Education Industry Union (283V) v Curtin University	FWC — Full Bench	2022-11-14		2	0

Archived text (339 words)

1 Fair Work Act 2009 Section 437 - Application for a protected action ballot order Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd (B2017/936) DEPUTY PRESIDENT ANDERSON ADELAIDE, 12 OCTOBER 2017 Proposed protected action ballot of employees of The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd [1] This is an application lodged with the Commission on 6 October 2017 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 The South Australian Brewing Company Pty Ltd a subsidiary of Lion-Beer, Spirits & Wine Pty Ltd (the Respondent). [2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated. [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 statement of Mr Simon Pisoni of the CEPU dated 27 September 2017, and his statutory declaration dated 6 October 2017, 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. [2017] FWC 5222 DECISION [2017] FWC 5222 2 [6] An order in conformity with the FW Act is being issued in conjunction with this decision.1 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR596676> 1 PR596675