Construction, Forestry, Maritime, Mining and Energy Union v Thiess Pty Ltd

[2023] FWC 307

[2023] FWC 307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Thiess Pty Ltd

(B2023/78)

VICE PRESIDENT CATANZARITI SYDNEY, 6 FEBRUARY 2023

Proposed protected action ballot of employees of Thiess Pty Ltd

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union Northern Mining & NSW Energy District (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 Thiess Pty Ltd (Respondent).

1. On 2 February 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Michael Taggart of the Applicant declared on 2 February 2023, 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.

1. An Order has been separately issued in PR750248.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750249>