Construction, Forestry, Maritime, Mining and Energy Union-South Australian Branch v Rapid Metal Developments (Australia) Pty Ltd

[2019] FWC 5123

[2019] FWC 5123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union-South Australian Branch
v
Rapid Metal Developments (Australia) Pty Ltd
(B2019/575)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 24 JULY 2019

Proposed protected action ballot of employees of Rapid Metal Developments (Australia) Pty Ltd.

[1] This is an application lodged on 23 July 2019 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (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 Rapid Metal Developments (Australia) 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 matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Colin Fenney of the CFMMEU dated 23 July 2019, 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.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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