Construction, Forestry, Maritime, Mining and Energy Union v Giacci Bros Pty Ltd

[2021] FWC 3159

[2021] FWC 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Giacci Bros Pty Ltd
(B2021/366)

VICE PRESIDENT CATANZARITI SYDNEY, 1 JUNE 2021

Proposed protected action ballot of employees of Giacci Bros Pty Ltd.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Giacci Bros Pty Ltd (Respondent).

[2] On 28 May 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 statutory declaration of Jeremy McWilliams of the Applicant declared on 27 May 2021, 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 PR730375.

VICE PRESIDENT

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