Construction, Forestry, Maritime, Mining and Energy Union v Bricks Australia Services Pty Limited

[2020] FWC 2599

[2020] FWC 2599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Bricks Australia Services Pty Limited
(B2020/268)

DEPUTY PRESIDENT DEAN SYDNEY, 18 MAY 2020

Proposed protected action ballot of employees of Bricks Australia Services Pty 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 Bricks Australia Services Pty Limited (Respondent).

[2] On 18 May 2020, 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 Mark Cunningham of the CFMMEU declared on 14 May 2020, 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 PR719452.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR719451>