Construction, Forestry, Maritime, Mining and Energy Union v Boral Cement Limited

[2021] FWC 3407

[2021] FWC 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Boral Cement Limited
(B2021/411)

DEPUTY PRESIDENT DEAN CANBERRA, 11 JUNE 2021

Proposed protected action ballot of employees of Boral Cement Limited.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Boral Cement Limited (Respondent).

[2] On 11 June 2021, the Commission was advised that the Respondent did not oppose the application.

[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 declaration of Anthony Dimitriou of the CFMMEU made on 9 June 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR730698.

DEPUTY PRESIDENT

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