Construction, Forestry, Maritime, Mining and Energy Union v Broadspectrum (Australia) Pty Ltd

[2019] FWC 4882

[2019] FWC 4882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Broadspectrum (Australia) Pty Ltd
(B2019/540)

DEPUTY PRESIDENT DEAN SYDNEY, 12 JULY 2019

Proposed protected action ballot of employees of Broadspectrum (Australia) 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 Broadspectrum (Australia) Pty Ltd (Respondent).

[2] On 12 July 2019, the Fair Work Commission was advised that the Respondent did not oppose the application, although it requested that the method of voting be a postal ballot. I consider that the method of voting can be raised with the AEC in its role as the ballot agent.

[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 Maki Danalis of the CFMMEU declared on 28 June 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 PR710299.

DEPUTY PRESIDENT

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