Construction, Forestry, Maritime, Mining and Energy Union v Gbar (Australia) Pty Ltd

[2019] FWC 4569

[2019] FWC 4569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
GBAR (Australia) Pty Ltd
(B2019/511)

DEPUTY PRESIDENT DEAN SYDNEY, 1 JULY 2019

Application for a variation of a Protected Action Ballot Order in B2019/443.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made an application under s.447 of the Fair Work Act 2009 to vary a protected action ballot order (the Order) issued by the Commission on 6 June 2019 in matter B2019/443. The Order was made with respect to employees of GBAR (Australia) Pty Ltd (GBAR).

[2] The CFMMEU’s application seeks to vary the Order to the effect that the date by which voting is to close be extended by 10 working days. GBAR advised the Commission that it did not object to the proposed variation.

[3] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[4] Having considered the material before me, I am satisfied that the requirements of s.447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to extend the closing date of the vote by 10 working days. An order to that effect will be issued with this decision.

DEPUTY PRESIDENT

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