Construction, Forestry, Maritime, Mining and Energy Union v Hyne & Son Pty Ltd T/A Hyne Timber

[2019] FWC 4298

[2019] FWC 4298

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
Hyne & Son Pty Ltd T/A Hyne Timber
(B2019/480)

DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 20 JUNE 2019

Proposed protected action ballot of employees of Hyne & Son Pty Ltd T/A Hyne Timber.

[1] This is an application by the Construction, Forestry, 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 Hyne & Son Pty Ltd T/A Hyne Timber (Respondent).

[2] On 20 June 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Grant White of the Applicant 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 PR709553.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709552>