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

[2021] FWC 3276

[2021] FWC 3276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Etex Australia Pty Ltd
(B2021/396)

DEPUTY PRESIDENT DEAN CANBERRA, 7 JUNE 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 (CFMMEU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Etex Australia Pty Ltd (Respondent).

[2] On 7 June 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 Mark Cunningham of the CFMMEU 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.

[5] An Order has been separately issued in PR730529.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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