Construction, Forestry, Maritime, Mining and Energy Union v Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings

[2022] FWC 2992

[2022] FWC 2992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings

(B2022/1697)

DEPUTY PRESIDENT CLANCY MELBOURNE, 10 NOVEMBER 2022

Proposed protected action ballot of employees of Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings.

1. 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 Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings. (Respondent).

1. On 10 November 2022, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the declaration of Ms Denise Campbell-Burns 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.

1. An order has been separately issued in PR747831.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747830>