Construction, Forestry, Mining and Energy Union v Acrow Formwork & Scaffolding Pty Ltd

[2011] FWA 8284

[2011] FWA 8284

FAIR WORK AUSTRALIA

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Acrow Formwork & Scaffolding Pty Ltd
(B2011/4022)

COMMISSIONER CARGILL SYDNEY, 1 DECEMBER 2011

Proposed protected action ballot by employees of Acrow Formwork & Scaffolding Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by Construction, Forestry, Mining and Energy Union for a protected action ballot order in relation to certain employees of Acrow Formwork & Scaffolding Pty Ltded (the respondent).

[2] My associate was advised by a representative of the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the CFMEU had been and was genuinely trying to reach an agreement). This advice has been confirmed by email.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR517332] based on the draft order provided by the CFMEU has issued in conjunction with this decision.

COMMISSIONER

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