Construction, Forestry, Maritime, Mining and Energy Union v O'Brien Glass Industries Limited

[2018] FWC 2327

[2018] FWC 2327

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
O'Brien Glass Industries Limited
(B2018/288)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 27 APRIL 2018

Proposed protected action ballot of employees of O'Brien Glass Industries Limited.

[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 (Act) for a protected action ballot order in relation to certain employees of O’Brien Glass Industries Limited (Respondent).

[2] On 24 April 2018 my associate was advised that the Respondent did not object to the application.

[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 A Menon 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 has been separately issued in PR606272.

DEPUTY PRESIDENT

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<PR606271>