Construction, Forestry, Mining and Energy Union v Nathan Structures Pty Ltd

[2014] FWC 9112

[2014] FWC 9112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Nathan Structures Pty Ltd
(B2014/1681)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 16 DECEMBER 2014

Proposed protected action ballot of employees of Nathan Structures Pty Ltd.

[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 Nathan Structures Pty Ltd (the Respondent).

[2] The CFMEU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately two occasions since 10 October 2014 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 15 December 2014 I was advised by Mr Iain Jarman an Industrial Officer of the Master Builders Association of NSW, acting for Nathan Structures Pty Ltd, that the Respondent will not proceed with the filing of an objection to the application on the basis that the proposed date and time proposed for the ballot will not lead to a disruption in the work schedule as originally anticipated. In doing so, the Respondent did not challenge that the CFMEU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR559097] is based on the draft order provided by the CFMEU and will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR559096>