Construction, Forestry, Maritime, Mining and Energy Union v MSS Strategic Medical and Rescue Pty Ltd
[2022] FWC 2966
•9 NOVEMBER 2022
| [2022] FWC 2966 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
MSS Strategic Medical and Rescue Pty Ltd
(B2022/1682)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 9 NOVEMBER 2022 |
Proposed protected action ballot of employees of MSS Strategic Medical and Rescue Pty Ltd.
This is an application by the Construction, Forestry, Maritime, 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 MSS Strategic Medical and Rescue Pty Ltd (the Respondent).
On 8 November 2022, my Associate was advised that the Respondent objected to the application on the basis that the Applicant has not been, and is not, genuinely trying to reach an agreement. I determined a Mention should be conducted, during which I discussed this objection with the parties and other matters subsequently raised. During the Mention, the Respondent withdrew its objection.
With the Mention having resolved the various matters raised, I have proceeded to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Mr Andrew Smith 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.
An order has been separately issued in PR747741.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR747740>
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