Construction, Forestry, Mining and Energy Union v Australian Paper Pty Ltd

[2016] FWC 3137

[2016] FWC 3137

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Australian Paper Pty Ltd
(B2016/95)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 MAY 2016

Proposed protected action ballot of employees who are currently covered by the Australian Paper Agreement 2012-2015.

[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 Australian Paper Pty Ltd (the Respondent).

[2] On 18 May 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 Millar 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 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 PR580493.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR580492>