Construction, Forestry, Mining and Energy Union v Mitcon Formwork Pty Ltd T/A Mitcon Formwork

[2017] FWC 1808

[2017] FWC 1808

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Mitcon Formwork Pty Ltd T/A Mitcon Formwork
(B2017/258)

COMMISSIONER HAMPTON ADELAIDE, 29 MARCH 2017

Proposed protected action ballot of employees of Mitcon Formwork Pty Ltd T/A Mitcon Formwork.

[1] This is an application by the 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 Mitcon Formwork Pty Ltd T/A Mitcon Formwork (the Respondent).

[2] On 29 March 2017 the Commission 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 M Gava of the Applicant setting out the steps taken by it in bargaining with the Respondent and confirming that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

 1   PR591438.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR591449>