Construction, Forestry, Maritime, Mining and Energy Union v Queensland Bulk Handling Pty Ltd

[2019] FWC 7879

[2019] FWC 7879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Queensland Bulk Handling Pty Ltd
(B2019/1315)

VICE PRESIDENT CATANZARITI SYDNEY, 19 NOVEMBER 2019

Proposed protected action ballot of employees of Queensland Bulk Handling Pty Ltd.

[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 Queensland Bulk Handling Pty Ltd (Respondent).

[2] On 18 November 2019, 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 Shane Brunker 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 PR714404.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714405>