Construction, Forestry, Mining and Energy Union

[2015] FWC 3870

[2015] FWC 3870

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(B2015/583)

COMMISSIONER RIORDAN SYDNEY, 10 JUNE 2015

Proposed protected action ballot of employees of Icon Co (NSW) Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Construction, Forestry, Mining and Energy Union (CFMEU). It seeks a protected action ballot order in relation to certain employees of Icon Co (NSW) Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CFMEU filed a statement dated 5 June 2015, made by Mr Ben Manna, Union Organiser for the CFMEU .

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CFMEU, that the CFMEU has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[5] An order [PR568150] based on the draft order provided by the CFMEU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR568148>