Construction, Forestry, Mining and Energy Union v CSR Limited T/A CSR Gyprock

[2017] FWC 1392

[2017] FWC 1392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
CSR Limited T/A CSR Gyprock
(B2017/196)

COMMISSIONER CIRKOVIC MELBOURNE, 9 MARCH 2017

Proposed protected action ballot of employees of CSR Limited T/A CSR Gyprock.

[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 CSR Limited T/A CSR Gyprock (Respondent).

[2] The CFMEU filed a statutory declaration of Dean Dando addressing the statutory grounds. The statutory declaration makes it clear that the parties have met on approximately twelve occasions since July 2016 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 7 March 2017 my chambers contacted the Respondent by email to determine whether they object to the CFMEU’s application. On 8 March 2017 the Respondent advised that they did not oppose the CFMEU’s application.

[4] 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 statutory declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR 590886 is based on 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, PR590885>