Construction, Forestry, Maritime, Mining and Energy Union v Southern Star Windows Pty Ltd

[2019] FWC 8271

[2019] FWC 8271

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
v
Southern Star Windows Pty Ltd
(B2019/1372)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 5 DECEMBER 2019

Proposed protected action ballot of employees of Southern Star Windows 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 Southern Star Windows Pty Ltd (Respondent).

[2] On 5 December 2019, my Associate was advised that the Respondent 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 Mr P Duncan 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 PR714914.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714913>