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

[2018] FWC 3982

[2018] FWC 3982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Boral Cement Limited
(B2018/540)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 JULY 2018

Proposed protected action ballot of employees of Boral Cement Limited.

[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 Boral Cement Limited (Respondent).

[2] On 4 July 2018 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 Mr M Danalis 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 PR608747.

DEPUTY PRESIDENT

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<PR608746>