Construction, Forestry, Mining and Energy Union v Cleanaway Operations Pty Ltd

[2018] FWC 664

[2018] FWC 664

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Cleanaway Operations Pty Ltd
(B2018/37)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 FEBRUARY 2018

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd.

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

[2] On 22 January 2018 my associate was advised that the Respondent objected to the application on the basis that it did not consent to the proposed group of employees to be balloted and requested that the application be amended. On the same day my associate wrote to the Applicant seeking its views in relation to the Respondent’s objection. On 24 January 2018, the Applicant advised that it did not agree with the Applicant’s position and that it would not amend the application as requested by the Respondent. After a further email exchange, the Applicant advised that it and the Respondent had reached a consent position on the group of employees to be balloted and filed and served an amended application reflecting that agreement on 31 January 2018. On the same day, the Respondent advised my associate that it did not object to the amended 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 D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 PR599985.

DEPUTY PRESIDENT

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