Construction, Forestry, Mining and Energy Union v Clifton Formwork (Vic) Pty Ltd

[2016] FWC 7076

[2016] FWC 7076

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Clifton Formwork (Vic) Pty Ltd
(B2016/1061)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 3 OCTOBER 2016

Proposed protected action ballot of employees of Clifton Formwork (Vic) Pty Ltd.

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

[2] On 3 October 2016 my associate was advised that the Respondent did not object to the 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 J Myles of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR586027.

DEPUTY PRESIDENT

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<Price code A, PR586028>