Construction, Forestry, Maritime, Mining and Energy Union v Noorton Pty Ltd

[2019] FWC 3054

[2019] FWC 3054

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
Noorton Pty Ltd
(B2019/357)

DEPUTY PRESIDENT BOOTH SYDNEY, 3 MAY 2019

Proposed protected action ballot of employees of Noorton Pty Ltd.

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

[2] On 3 May 2019 a representative of Noorton advised the Chambers of Vice President Catanzariti that it did not object to the application.

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

[4] On the basis of the application and conferences I have held with the parties pursuant to matter number B2019/310 I am satisfied that the CFMMEU has been, and is, genuinely trying to reach agreement with Noorton.

[5] I am satisfied that the other requirements for the making of a protected action ballot order have been met.

[6] Accordingly, the Commission is required under s.443 of the Act to make a protected action ballot order.

[7] An Order has been separately issued in PR707952.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR707955>