Construction, Forestry, Maritime, Mining and Energy Union v Rar Cranes Australia Pty Ltd, Rar Rigging Australia Pty Ltd, Rar Hr Services Australia Pty Ltd

[2021] FWC 6208

[2021] FWC 6208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
RAR Cranes Australia Pty Ltd, RAR Rigging Australia Pty Ltd, RAR HR Services Australia Pty Ltd
(B2021/1025)

VICE PRESIDENT CATANZARITI SYDNEY, 26 OCTOBER 2021

Proposed protected action ballot of employees of RAR Cranes Australia Pty Ltd, RAR Rigging Australia Pty Ltd and RAR HR Services Australia 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of RAR Cranes Australia Pty Ltd, RAR Rigging Australia Pty Ltd, RAR HR Services Australia Pty Ltd (Respondent).

[2] On 22 October 2021, 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 Zachary Smith of the Applicant declared on 21 October 2021, 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 PR735249.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR735250>