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

[2020] FWC 5456

[2020] FWC 5456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Watpac Construction Pty Ltd
(B2020/633)

DEPUTY PRESIDENT DEAN SYDNEY, 13 OCTOBER 2020

Proposed protected action ballot of employees of Watpac Construction Pty Ltd.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Watpac Construction Pty Ltd (Respondent).

[2] On 13 October 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

[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 Darren Greenfield of the CFMMEU setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR723519.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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