Construction, Forestry, Mining and Energy Union v Lend Lease Building Pty Limited and Lend Lease Building Contractors Pty Limited

[2016] FWC 6275

[2016] FWC 6275

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Lend Lease Building Pty Limited and Lend Lease Building Contractors Pty Limited
(B2016/946)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 SEPTEMBER 2016

Proposed protected action ballot of employees of Lend Lease Building Pty Limited and Lend Lease Building 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 Lend Lease Building Pty Limited and Lease Building Contractors Pty Limited (the Respondent).

[2] On 1 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, and the witness statement attached thereto, of Mr J Ingham 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 PR584964.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR584965>