Construction, Forestry, Mining and Energy Union

[2016] FWC 1181

[2016] FWC 1181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Mining and Energy Union
(B2016/21)

DEPUTY PRESIDENT ASBURY BRISBANE, 23 FEBRUARY 2016

Proposed protected action ballot of employees of Broadspectrum (Australia) Pty Ltd (formerly known as Transfield Services).

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union (the CFMEU). The CFMEU seeks a protected action ballot order in relation to certain employees of Broadspectrum (Australia) Pty Ltd (formerly known as Transfield Services) (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Commission considering the application and making the protected action ballot order in the terms of the draft order. The Employer advised that it objected to the order being granted in the terms sought.

[3] Following a Mention in the matter, Directions were issued in relation to the Employer’s objection. The matter was set down for Hearing. The Employer has withdrawn its objection to the application and the order sought by the CFMEU.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a Hearing.

[5] The CFMEU has filed an affidavit of Mr Mark McGrath in support of the application. Mr McGrath is the Vice President of the CFMEU – Northern Mining and NSW Energy District. Mr McGrath is the Branch Official with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR577328] based on the draft provided by the CFMEU will issue at the same time as this decision.

DEPUTY PRESIDENT

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<Price code A, PR577327>