Construction, Forestry, Mining and Energy Union v Construction Glazing Pty Ltd

[2015] FWC 7618

[2015] FWC 7618

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Construction Glazing Pty Ltd
(B2015/1401)

DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 5 NOVEMBER 2015

Proposed protected action ballot of employees of Construction Glazing Pty Ltd.

[1] This is an application by 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 Construction Glazing Pty Ltd (the Respondent).

[2] On 3 November 2015 my associate was advised that the Respondent did not object to the application on the basis that the Applicant is not genuinely trying to reach agreement, but that the Respondent objected to some of the questions proposed by the Applicant in the draft order attached to the application.

[3] On 4 November 2015 the Applicant filed an amended application removing the questions to which the Respondent had objected.

[4] On 4 November 2015 my associate was subsequently advised that the Respondent withdrew its objection to the application.

[5] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[6] On the basis of the material before me, including the statutory declaration of Mr D Kirner 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 the requirements in s.443(1) of the Act have been met.

[7] An order has been separately issued in PR573646.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573648>