Construction, Forestry, Maritime, Mining and Energy Union v Downer EDI Rail Pty Ltd
[2018] FWC 3922
•2 JULY 2018
| [2018] FWC 3922 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Downer EDI Rail Pty Ltd
(B2018/528)
| Manufacturing and associated industries | |
| Deputy President Gostencnik | MELBOURNE, 2 JULY 2018 |
Proposed protected action ballot of employees of Downer EDI Rail Pty Ltd.
This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Downer EDI Rail Pty Ltd (Respondent).
On 2 July 2018 my associate was advised that the Respondent did not object to the application.
In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
On the basis of the material before me, including the statutory declaration of Mr G White of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.
An order has been separately issued in PR608660.
DEPUTY PRESIDENT
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