Application by Construction, Forestry, Mining and Energy Union

[2016] FWC 694

[2016] FWC 694

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order
Construction, Forestry, Mining and Energy Union
v
Encore Tissue (Aust) Pty Ltd
(B2016/245)
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 2 FEBRUARY 2016

Proposed protected action ballot of employees of Encore Tissue (Aust) Pty Ltd.

[1]        This is an application by the Construction, Forestry, Mining and Energy Union (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 Encore Tissue (Aust) Pty Ltd (the Respondent).

[2]        On 1 February 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 A

Millar 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 the requirements in s.443(1) of the Act have been

met.

[5]        An order has been separately issued in PR576649.

<Price code A, PR576663>

DEPUTY PRESIDENT

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