Construction, Forestry, Maritime, Mining and Energy Union v SA Structural Hire Pty Ltd

[2019] FWC 6097

[2019] FWC 6097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v
SA Structural Hire Pty Ltd
(B2019/720)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 2 SEPTEMBER 2019

Proposed protected action ballot of employees of SA Structural Hire Pty Ltd

[1] This is an application lodged on 29 August 2019 2019 by the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of SA Structural Hire Pty Ltd (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. By email dated 2 September 2019, the Respondent advised that it did not object to 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 Clarence Fellowes of the CFMMEU dated 29 August 2019, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the CFMMEU has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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