Construction, Forestry, Maritime, Mining and Energy Union v Kimberly-Clark Australia Pty Ltd T/A Kimberly Clark

[2022] FWC 2940

[2022] FWC 2940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Kimberly-Clark Australia Pty Ltd T/A Kimberly Clark

(B2022/1671)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 NOVEMBER 2022

Proposed protected action ballot of employees of Kimberly-Clark Australia Pty Ltd T/A Kimberly Clark.

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Kimberly-Clark Australia Pty Ltd T/A Kimberly Clark (the Respondent). 

1. On 4 November 2022, my Associate was advised that the Respondent did not object to the application.

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 Ms Denise Campbell-Burns 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 PR747654. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747648>