Construction, Forestry, Maritime, Mining and Energy Union v USG Boral Building Products Pty Limited

[2018] FWC 4418

[2018] FWC 4418

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
USG Boral Building Products Pty Limited
(B2018/631)

DEPUTY PRESIDENT GOSTENCNIK BRISBANE, 27 JULY 2018

Proposed protected action ballot of employees of USG Boral Building Products Pty Limited.

[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 USG Boral Building Products Pty Limited (Respondent).

[2] On 26 July 2018 my associate was advised that the Respondent objected to the application on the basis that the Applicant is not genuinely trying to reach agreement. However, on 27 July 2018, the Respondent advised that it no longer pressed that objection, despite its contention that the application is premature.

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

[4] On the basis of the material before me, including the statutory declaration of Ms K Reid 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 PR609471.

DEPUTY PRESIDENT

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