Construction, Forestry, Mining and Energy Union v ISS Security Pty Ltd

[2012] FWA 6863

[2012] FWA 6863

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
ISS Security Pty Ltd
(B2012/966)

COMMISSIONER BISSETT MELBOURNE, 10 AUGUST 2012

Proposed protected action ballot by employees of ISS Security Pty Ltd

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Construction, Forestry, Mining and Energy Union (CFMEU) for a protected action ballot order in relation to certain employees of ISS Security Pty Ltd (the Respondent). The application was made on 9 August 2012.

[2] Upon being contacted by my associate, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CFMEU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR527813] is based on the draft order provided by the CFMEU and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR527814>