Construction, Forestry, Mining and Energy Union v Asaleo Care Australia Pty Ltd

[2016] FWC 2058

[2016] FWC 2058

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Asaleo Care Australia Pty Ltd
(B2016/404)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 APRIL 2016

Proposed protected action ballot of employees of Asaleo Care Australia Pty Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (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 Asaleo Care Australia Pty Ltd (the Respondent).

[2] On 1 April 2016 my associate was advised that the Respondent 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 A Miller of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.
[5] An order has been separately issued in PR578608.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR578607>