Construction, Forestry, Mining and Energy Union v Adbri Masonry Pty Ltd

[2017] FWC 5366

[2017] FWC 5366

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Adbri Masonry Pty Ltd
(B2017/957)

COMMISSIONER MCKINNON MELBOURNE, 17 OCTOBER 2017

Proposed protected action ballot of employees of Adbri Masonry Pty Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (CFMEU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Adbri Masonry Pty Ltd (the Respondent).

[2] On 16 October 2017 the Respondent advised that it did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr Vroland 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 PR596865.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR596864>