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

[2019] FWC 5364

[2019] FWC 5364

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
v
DMS Maritime Pty Ltd T/A DMS
(B2019/613)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 1 AUGUST 2019

Proposed protected action ballot of employees of DMS Maritime Pty Ltd T/A DMS

[1] This decision concerns an application lodged on 31 July 2019 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of DMS Maritime Pty Ltd T/A DMS (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. In light of certain modifications made by the Applicant to questions it proposes, no objection has been indicated.

[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 declaration of Jeff Cassar of the CFMMEU dated 31 July 2019, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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