1
Fair Work Act 2009
s.437—Protected action
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
v
UGL Rail Services Pty Limited
(B2023/363)
VICE PRESIDENT CATANZARITI SYDNEY, 26 APRIL 2023
Proposed protected action ballot of employees of UGL Rail Services Pty Limited
[1] This is an application by the Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made
under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in
relation to certain employees of UGL Rail Services Pty Limited (Respondent).
[2] The Respondent neither consented nor objected to the application.
[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 Bradley
McDougall of the Applicant declared on 19 April 2023, setting out the steps taken by it
in bargaining with the Respondent and 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 s.443(1) of the Act have been
met.
[5] An Order has been separately issued in PR761372.
VICE PRESIDENT
[2023] FWC 977
DECISION
THE FAIR WORK COMMISSION 125/ THE SEA
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr761372.pdf
[2023] FWC 977
2
Printed by authority of the Commonwealth Government Printer
PR761373
