Construction, Forestry, Maritime, Mining and Energy Union v CSR Limited

[2020] FWC 5232

[2020] FWC 5232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
CSR Limited
(B2020/580)

DEPUTY PRESIDENT DEAN SYDNEY, 29 SEPTEMBER 2020

Proposed protected action ballot of employees of CSR Limited employed at the Rosehill premises.

[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 CSR Limited (Respondent).

[2] On 29 September 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 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 PR723197.

DEPUTY PRESIDENT

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