Construction, Forestry, Maritime, Mining and Energy Union v Vaughan Constructions Pty Ltd

[2021] FWC 6597

[2021] FWC 6597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Vaughan Constructions Pty Ltd
(B2021/1189)

VICE PRESIDENT CATANZARITI SYDNEY, 13 DECEMBER 2021

Proposed protected action ballot of employees of Vaughan Constructions 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Vaughan Constructions Pty Ltd (Respondent).

[2] On 3 December and 9 December 2021, correspondence was sent to the Respondent, however the Respondent did not engage with the Fair Work Commission.

[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 Robert Kera of the Applicant declared on 3 December 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.

[5] An Order has been separately issued in PR736722.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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