Construction, Forestry, Maritime, Mining and Energy Union v Brand Energy and Infrastructure Services Australia Pty Ltd

[2018] FWC 6605

[2018] FWC 6605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Brand Energy and Infrastructure Services Australia Pty Ltd

(B2018/968)

Deputy President Gostencnik MELBOURNE, 26 OCTOBER 2018

Proposed protected action ballot of employees of Brand Energy and Infrastructure Services Australia 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 Brand Energy and Infrastructure Services Australia Pty Ltd (Respondent).

1. On 25 October 2018, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr M McGrath 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 PR701769.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR701768>