Construction, Forestry, Maritime, Mining and Energy Union v Visy Pulp and Paper Pty Ltd

[2023] FWC 786

[2023] FWC 786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Visy Pulp and Paper Pty Ltd

(B2023/295)

VICE PRESIDENT CATANZARITI SYDNEY, 31 MARCH 2023

Proposed protected action ballot of employees of Visy Pulp and Paper 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 Visy Pulp and Paper Pty Ltd (Respondent).

1. On 31 March 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 Alison Rudman of the Applicant declared on 30 March 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 and Directions have been separately issued in PR760783 and PR760790 respectively.

VICE PRESIDENT

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