Construction, Forestry, Maritime, Mining and Energy Union v Downer EDI Engineering Power Pty Ltd

[2022] FWC 1376

[2022] FWC 1376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Downer EDI Engineering Power Pty Ltd

(B2022/498)

DEPUTY PRESIDENT DEAN CANBERRA, 1 JUNE 2022

Proposed protected action ballot of employees of Downer EDI Engineering Power 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 Downer EDI Engineering Power Pty Ltd (Respondent).

1. On 30 May 2022, the Respondent wrote to the Commission indicating that it did not oppose the making of the order, however it objected to the order in the form sought by the CFMMEU. The Respondent subsequently withdrew its opposition.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mark Cross of the CFMMEU made on 26 May 2022, 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.

1. An Order has been separately issued in PR742206.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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