Construction, Forestry, Maritime, Mining and Energy Union v Multiplex Australasia Pty Ltd

[2020] FWC 6530

[2020] FWC 6530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Multiplex Australasia Pty Ltd
(B2020/788)

COMMISSIONER WILLIAMS PERTH, 4 DECEMBER 2020

Proposed protected action ballot of employees of Multiplex Australasia Pty Ltd.

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

[2] On 3 December 2020 the Commission was advised that the Respondent did not object to the amended application submitted by the Applicant.

[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 Mr Troy Kingsley Smart 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 [PR725158] will now be issued.

Printed by authority of the Commonwealth Government Printer

<PR725157>