Construction, Forestry, Maritime, Mining and Energy Union v Bedford Phoenix Incorporated T/A Bedford Group

[2022] FWC 767

[2022] FWC 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v

Bedford Phoenix Incorporated T/A Bedford Group

(B2022/272)

DEPUTY PRESIDENT CLANCY MELBOURNE, 6 APRIL 2022

Proposed protected action ballot of employees of Bedford Phoenix Incorporated T/A Bedford Group.

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 Bedford Phoenix Incorporated T/A Bedford Group (the Respondent).

1. On 6 April 2022, my Associate was advised that the Respondent 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 David Kirner 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 PR740071.

DEPUTY PRESIDENT

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