Construction, Forestry, Mining and Energy Union v Canberra Building Services
[2010] FWA 2482
•26 MARCH 2010
[2010] FWA 2482 |
|
DECISION |
Fair Work Act 2009
s.229 - Application for a bargaining order
Construction, Forestry, Mining and Energy Union
v
Canberra Building Services
(B2010/2765)
COMMISSIONER DEEGAN | CANBERRA, 26 MARCH 2010 |
Application for a bargaining order.
[1] This matter arises from an application for a bargaining order filed on 15 March 2010 pursuant to s.229 of the Fair Work Act 2009 (“the Act”) by the Construction, Forestry, Mining and Energy Union (“the applicant”) in respect of Canberra Building Services (“the employer”).
[2] At a conference listed to discuss the matter on 24 March 2010 the employer’s representative sought evidence that the applicant is entitled to be a bargaining representative for the purposes of the proposed enterprise agreement.
[3] It was agreed that the applicant would supply to Fair Work Australia a list of members who are employed by the employer and the employer would supply a list of its employees. Both lists were provided, on a strictly confidential basis, by 25 March 2010.
[4] I am satisfied, on the basis of the information supplied by the parties, that the applicant meets the requirement set out in s.176(1)(b) of the Act and is a bargaining representative for the proposed enterprise agreement. No evidence has been presented of the appointment of another bargaining representative in the place of the applicant or of any revocation of the applicant’s status by any relevant employee.
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