Construction, Forestry, Maritime, Mining and Energy Union v Brady Marine & Civil Pty Ltd

[2019] FWC 4800

[2019] FWC 4800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Brady Marine & Civil Pty Ltd
(B2019/532)

DEPUTY PRESIDENT DEAN SYDNEY, 10 JULY 2019

Proposed protected action ballot of employees of Brady Marine & Civil Pty Ltd.

[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 Brady Marine & Civil Pty Ltd (Respondent).

[2] On 9 July 2019, the Fair Work 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 statutory declaration of Dean Rielly of the CFMMEU declared on 8 July 2019, 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 PR710192.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR710191>