Construction, Forestry, Maritime, Mining and Energy Union v Etex Australia Pty Ltd

[2021] FWC 6202

[2021] FWC 6202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Etex Australia Pty Ltd
(B2021/1029)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 OCTOBER 2021

Proposed protected action ballot of employees of Etex Australia Pty Ltd.

[1] 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 Etex Australia Pty Ltd (Respondent).

[2] On 26 October 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Steve Abboushi 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.

[5] An order has been separately issued in PR735228.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR735227>