Construction, Forestry, Mining and Energy Union v Northern Co-Operative Meat Company Ltd

[2017] FWC 4076

[2017] FWC 4076

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Northern Co-Operative Meat Company Ltd
(B2017/654)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 AUGUST 2017

Proposed protected action ballot of employees of Northern Co-Operative Meat Company Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (CFMEU) (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 Northern Co-Operative Meat Company Ltd (NCMC).

[2] On 3 August 2017 the Applicant filed an amended application. The application to amend was not opposed by NCMC and I allowed amendment to the application pursuant to s.586 of the Act.

[3] On 3 August 2017 my associate was advised that the Respondent did not object to the amended application.

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

[5] On the basis of the material before me, including the statutory declaration of Mr D Rielly of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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.

[6] An order has been separately issued in PR595087.

DEPUTY PRESIDENT

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<Price code A, PR595089>