Construction, Forestry, Maritime, Mining and Energy Union v Holcim (Australia) Pty Limited

[2023] FWC 1382

[2023] FWC 1382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v

Holcim (Australia) Pty Limited

(B2023/555)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 14 JUNE 2023

Proposed protected action ballot of employees of Holcim (Australia) Pty Limited

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 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Holcim (Australia) Pty Limited.

1. On 13 June 2023, the Commission was advised that the Respondent objected to one of the proposed questions in the draft order that accompanied the application. The CFMMEU subsequently indicated that it would not press that particular question. The application and the proposed order as amended in that manner are not opposed by the Respondent.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Michael Hiscox, Assistant Secretary, CFMMEU, 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 all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission (AEC). A ballot period of 30 days from the date of the Order has been established by the Commission in recognition of the AEC’s requirements.

1. An order has been separately issued in PR763022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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