Construction, Forestry, Maritime, Mining and Energy Union v Borcor Cabinets Pty Ltd

[2023] FWC 1037

[2023] FWC 1037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Borcor Cabinets Pty Ltd

(B2023/391)

DEPUTY PRESIDENT CLANCY MELBOURNE, 2 MAY 2023

Proposed protected action ballot of employees of BorCor Cabinets Pty Ltd

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 Borcor Cabinets Pty Ltd (Respondent).

1. While the Respondent maintained an objection to the proposed protected action ballot order being made, it did not outline a statutory basis that would support the rejection of the application and nor did it request to be heard in addition to the correspondence it had sent to my Chambers outlining its position.

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 Darren Connelly 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 PR761559.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761558>