Construction, Forestry, Mining and Energy Union v Alimak Hek Pty Ltd

[2017] FWC 5623

[2017] FWC 5623

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Alimak Hek Pty Ltd
(B2017/1013)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 27 OCTOBER 2017

Proposed protected action ballot of employees of Alimak Hek Pty Ltd.

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

[2] On 27 October 2017 my associate was advised that the Respondent did not agree with the application on the basis that it is pre-emptive in nature and that it is genuinely trying to reach an agreement with the Applicant and the employees who will be covered by the proposed agreement. The Respondent also submitted that the threat of industrial action would erode the Respondent’s ability to continue meaningful negotiations and potentially diminish the Respondent’s reputation within the industry.

[3] Despite its opposition to the application, the Respondent indicated that it did not wish to be heard and that it understands that its submission will be taken into consideration in the determination of the matter.

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

[5] I have considered the Respondent’s submission and I am not persuaded that the Respondent has advanced any arguments that would warrant not granting the order, taking into account the requirements in s.443 of the Act.

[6] On the basis of the material before me, including the statutory declaration of Mr D Greenfield 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.

[7] An order has been separately issued in PR597214.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597213>