Construction, Forestry, Mining and Energy Union v Boom Logistics Limited

[2012] FWA 9195

[2012] FWA 9195

FAIR WORK AUSTRALIA

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Boom Logistics Limited
(B2012/1727)

COMMISSIONER BULL SYDNEY, 26 OCTOBER 2012

Proposed protected action ballot by employees of Boom Logistics Limited.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU). It seeks a protected action ballot order in relation to certain employees of Boom Logistics Limited (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CFMEU filed a statement dated 24 October 2012 made by Mr Peter Harris, an Organiser of the CFMEU, Mining & Energy Division.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CFMEU, that the CFMEU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR530707] based on the draft order provided by the CFMEU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR530708>