Construction, Forestry, Maritime, Mining and Energy Union T/A Maritime Union of Australia v Bhagwan Marine Pty Ltd

[2022] FWC 455

[2022] FWC 455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union T/A Maritime Union of Australia
v

Bhagwan Marine Pty Ltd

(B2022/143)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 MARCH 2022

Proposed protected action ballot of employees of Bhagwan Marine Pty Ltd.

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

1. On 1 March 2022, the Respondent advised that it did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Aarin Moon of the Applicant 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.

1. An order has been separately issued in PR738908.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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