Construction, Forestry, Mining and Energy Union v Boral Window Systems Ltd

[2013] FWC 7994

[2013] FWC 7994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Boral Window Systems Ltd
(B2013/1289)

COMMISSIONER RYAN MELBOURNE, 11 OCTOBER 2013

Proposed protected action ballot by employees of Boral Window Systems Ltd.

[1] This is an application for a protected action ballot of members Construction, Forestry, Mining and Energy Union (CFMEU) employed by Boral Window Systems Ltd (Boral).

[2] Boral has advised my chambers by email that it does not oppose this application.

[3] The CFMEU has filed a Statutory Declaration of Bruce Ross, Organiser for the CFMEU, in support of this application. I am satisfied that the CFMEU has demonstrated that it has been and is genuinely trying to reach an agreement with the employer.

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

[5] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the CFMEU has issued in conjunction with this decision.

COMMISSIONER

<Price code A, PR543173>