Construction, Forestry, Maritime, Mining and Energy Union v Spotless Facility Services Pty Ltd

[2021] FWC 1372

[2021] FWC 1372

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
Spotless Facility Services Pty Ltd
(B2021/162)

VICE PRESIDENT CATANZARITI SYDNEY, 15 MARCH 2021

Proposed protected action ballot of employees of Spotless Facility Services Pty Ltd.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (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 Spotless Facility Services Pty Ltd (Respondent).

[2] On 11 March 2021, the Fair Work Commission was advised that the Respondent did not oppose the application. However, the Respondent did draw the Commission’s attention to whether the Applicant has an entitlement to represent the interests of the employees under the proposed Agreement.

[3] On 15 March 2021, the Applicant advised that the employees covered by the Agreement who are members of the Applicant are required as an essential and frequent part of their employment to operate ride-on mowers and tractors. This makes them eligible to be members of the Applicant as per Rule 2E of the CFMEU national rules.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Jack Robert Edward Tibbitts of the Applicant declared on 10 March 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.

[6] An Order has been separately issued in PR727751.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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