Construction, Forestry, Maritime, Mining and Energy Union (105N) v DMH Plant Services Pty Ltd

[2022] FWC 2440

[2022] FWC 2440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union (105N)
v

DMH Plant Services Pty Ltd

(B2022/1283)

COMMISSIONER SPENCER BRISBANE, 13 SEPTEMBER 2022

Proposed protected action ballot of employees of DMH Plant Services Pty Ltd.

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of DMH Plant Services Pty Ltd (the Respondent).

1. On 1 September 2022, the Respondent’s lawyers advised that the Respondent objected to the proposed industrial action, on the basis that the Applicant was not entitled to represent the industrial interests of the relevant employees and, therefore, could not be a bargaining representative as required by s.437 of the Act.

1. On 2 September 2022, my Chambers issued Directions for the filing of submissions and set a tentative date for hearing on 16 September 2022. On 12 September 2022, the Respondent’s lawyers advised that the Respondent no longer pressed its objection to the Application. The parties were given an opportunity to provide any further material. No further material was provided.

1. In the circumstances, and as agreed in the response by the Applicant, the matter is determined on the papers without holding a hearing.

1. The declaration of Mr Christopher Ian Brodsky, Organiser of the Applicant, sets out the steps taken by the Union in bargaining with the Respondent. It was submitted that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent. On the basis of the material before me, 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.

1. An order has been separately issued in PR745788.

COMMISSIONER

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