Construction, Forestry, Maritime, Mining and Energy Union v Falck (Victoria) Pty Ltd

[2022] FWC 3220

[2022] FWC 3220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Falck (Victoria) Pty Ltd

(B2022/1800)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 DECEMBER 2022

Proposed protected action ballot of employees of Falck (Victoria) 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 Falck (Victoria) Pty Ltd (the Respondent).

1. While the Respondent outlined health and safety concerns relating to the proposed forms of industrial action, it did not outline a statutory basis that would support the rejection of the application. I determined a Mention should be conducted, during which I discussed the concerns with the parties and others subsequently raised. During the Mention, the Respondent withdrew its objection.

1. With the Mention having resolved the various matters raised, I have proceeded to determine the matter on the papers, it not being necessary to conduct a hearing.

1. On the basis of the material before me, including the declaration of Mr Andrew Smith  of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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.

1. An order has been separately issued in PR748647.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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