Construction, Forestry, Mining and Energy Union v Cascade Brewery Co Pty Ltd

[2016] FWC 7469

[2016] FWC 7469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Cascade Brewery Co Pty Ltd
(B2016/1092)

COMMISSIONER CIRKOVIC MELBOURNE, 17 OCTOBER 2016

Proposed protected action ballot of employees of Cascade Brewery Company Pty Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (CFMEU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Cascade Brewery Co Pty Ltd (Respondent).

[2] The CFMEU filed a statement of Richard Xavier Hassett addressing the statutory grounds. The statement makes it clear that the parties have met on approximately seven occasions since 18 May 2016 in an effort to negotiate the terms of an enterprise agreement and that agreement has not been reached.

[3] On 12 October 2016 my chambers contacted the Respondent via email to determine whether they object to the CFMEU’s application. On 13 October 2016 the Respondent advised via email that they would not oppose the CFMEU’s application providing the CFMEU provide the Respondent with seven working days written notice of its intention to take protected industrial action.

[4] On 13 October 2016 my chambers contacted the CFMEU via email to determine whether they objected to providing the Respondent with seven working days written notice of its intention to take protected industrial action. On 14 October 2016 the CFMEU advised via email that they did not object to this course.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. On the basis of the material before me, including the statement of Mr Hassett, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR586523 is based on the draft order provided by the CFMEU and will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR586522>