Construction, Forestry, Maritime, Mining and Energy Union v Auriga Pilots Pty Ltd

[2023] FWC 669

[2023] FWC 669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Auriga Pilots Pty Ltd

(B2023/251)

VICE PRESIDENT CATANZARITI SYDNEY, 20 MARCH 2023

Proposed protected action ballot of employees of Auriga Pilots Pty Ltd

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division (CFMMEU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Auriga Pilots Pty Ltd (Respondent).

1. On 17 March 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of David Lyon of the Applicant declared on 16 March 2023, 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 PR760449.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR760450>