Construction, Forestry, Maritime, Mining and Energy Union v National Maritime Services Pty Ltd

[2020] FWC 796

[2020] FWC 796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
National Maritime Services Pty Ltd
(B2020/75)

DEPUTY PRESIDENT BOYCE SYDNEY, 13 FEBRUARY 2020

Proposed protected action ballot of employees of National Maritime Services Pty Ltd.

[1] On 10 February 2020 the Construction, Forestry, Maritime, Mining and Energy Union, Maritime Union of Australia Division (CFMMEU), made an application for a protected action ballot order pursuant to s.437 of the Fair Work Act 2009 (Act).

[2] The application is made in respect of members of the CFMMEU who are employees of National Maritime Services Pty Ltd (Respondent) at Port Botany, and who will be covered by the proposed enterprise agreement.

[3] The application is not opposed by the Respondent.

[4] The CFMMEU has filed a statement of Mr Paul Keating (Sydney Branch Deputy Secretary) in support of the application.

[5] On the basis of the material before me, I am satisfied that there is a notification time in relation to the proposed enterprise agreement and that that the CFMMEU has been, and is, genuinely trying to reach agreement with the Respondent.

[6] The ballot is to be conducted by the Australian Electoral Commission.

[7] In accordance with s.443(1) of the Act, the order sought by the CFMMEU must be made. An order has been separately issued in PR716735.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR716738>