Construction, Forestry, Maritime, Mining and Energy Union v Orica Australia Pty Ltd

[2020] FWC 6213

[2020] FWC 6213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Orica Australia Pty Ltd
(B2020/729)

VICE PRESIDENT CATANZARITI SYDNEY, 19 NOVEMBER 2020

Proposed protected action ballot of employees of Orica Australia Pty Ltd.

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

[2] On 18 November 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 material before me, including the statutory declaration of Jeffrey Drayton of the Applicant declared on 17 November 2020, 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 PR724702.

VICE PRESIDENT

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