Construction, Forestry, Maritime, Mining and Energy Union v CSR Viridian Pty Ltd T/A CSR Viridian

[2019] FWC 5260

[2019] FWC 5260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v
CSR Viridian Pty Ltd T/A CSR Viridian
(B2019/577)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 29 JULY 2019

Proposed protected action ballot of employees of CSR Viridian Pty Ltd.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of CSR Viridian Pty Ltd T/A CSR Viridian (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. An objection was raised by the Respondent and, during a conference convened by the Commission, subsequently withdrawn.

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

[4] On the basis of the material before me, including the statutory declarations of Frank Vari declared on 23 and 29 July 2019, 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 1 has been published separately to this decision.

COMMISSIONER

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