Construction, Forestry, Maritime, Mining and Energy Union v Zoological Parks and Gardens Board T/A Zoos Victoria

[2019] FWC 558

[2019] FWC 558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Zoological Parks and Gardens Board T/A Zoos Victoria
(B2019/63)

VICE PRESIDENT CATANZARITI SYDNEY, 31 JANUARY 2019

Proposed protected action ballot of employees of Zoological Parks and Gardens Board trading as Zoos Victoria.

[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 Zoological Parks and Gardens Board T/A Zoos Victoria (Respondent).

[2] On 29 January 2019, the Fair Work Commission was advised that the Respondent does 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 Ms I Baxter 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 PR704425.

VICE PRESIDENT

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