Construction, Forestry, Mining and Energy Union v CPB Contractors Pty Limited

[2016] FWC 7019

[2016] FWC 7019

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
CPB Contractors Pty Limited
(B2016/1057)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 SEPTEMBER 2016

Proposed protected action ballot of employees of CPB Contractors Pty Limited.

[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 CPB Contractors Pty Limited (the Respondent).

[2] On 29 September 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 PR585952.

DEPUTY PRESIDENT

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