Construction, Forestry, Maritime, Mining and Energy Union v Wheeler Cranes & Services Pty Limited T/A Wheeler Cranes

[2019] FWC 766

[2019] FWC 766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Wheeler Cranes & Services Pty Limited T/A Wheeler Cranes

(B2019/87)

Deputy President Gostencnik MELBOURNE, 7 FEBRUARY 2019

Proposed protected action ballot of employees of Wheeler Cranes & Services 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 Wheeler Cranes & Services Pty Limited (Respondent).

1. On 7 February 2019, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the statutory declaration of Mr M Cross 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.

1. An order has been separately issued in PR704682.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR704681>