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

[2014] FWC 5580

[2014] FWC 5580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Adbri Masonry Pty Ltd
(B2014/1242)

COMMISSIONER RYAN MELBOURNE, 14 AUGUST 2014

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

[1] This is an application for a protected action ballot of members of Construction, Forestry, Mining and Energy Union employed by Adbri Masonry Pty Ltd (the employer).

[2] Following contact with the employer by my associate, Mr Richard Blake, Operations Manager Campbellfield, for the employer emailed my chambers indicating that the employer did not oppose this application.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CFMEU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Amanda Swayn, an official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms sought by the CFMEU.

COMMISSIONER

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