Construction, Forestry, Mining and Energy Union v Metropolitan Carriers Pty Ltd T/A Metro-Lift Cranes

[2014] FWC 2966

[2014] FWC 2966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Metropolitan Carriers Pty Ltd T/A Metro-Lift Cranes
(B2014/79)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 MAY 2014

Proposed protected action ballot by employees of Metropolitan Carriers Pty Ltd T/A Metro-Lift Cranes.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (the 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 Metropolitan Carriers Pty Ltd (the Respondent Company).

[2] On 5 May 2014 my associate was advised by the Respondent Company that it did not press its original objections 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 Travis O’Brien 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. Accordingly, I will make an order.

[5] An order is issued separately in PR550290.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550291>