Construction, Forestry, Maritime, Mining and Energy Union v The Dempsey Group Pty Ltd

[2022] FWC 732

[2022] FWC 732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

The Dempsey Group Pty Ltd 

(B2022/257)

DEPUTY PRESIDENT CLANCY MELBOURNE, 5 APRIL 2022

Proposed protected action ballot of employees of The Dempsey Group 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 The Dempsey Group Pty Ltd (the Respondent).

1. On 1 April 2022, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the Applicant’s response to the concerns raised by the Respondent and the declaration of Ms Jennifer Kruschel 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 of the Act have been met. Accordingly, I consider it appropriate to make an order for a protected action ballot in the terms sought by the Applicant.

1. An order has been separately issued in PR739929.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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