Construction, Forestry, Maritime, Mining and Energy Union v 1 Port Pty Ltd T/A 1 Port

[2019] FWC 4039

[2019] FWC 4039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
1 Port Pty Ltd T/A 1 Port
(B2019/461)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 JUNE 2019

Proposed protected action ballot of employees of 1 Port Pty Ltd.

[1] This is an application by the Construction, Forestry, 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 1 Port Pty Ltd T/A 1 Port (Respondent).

[2] On 12 June 2019, 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 Jeffrey Hoy 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.

[5] An order has been separately issued in PR709229.

DEPUTY PRESIDENT

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