Construction, Forestry, Mining and Energy Union v Pacific Formwork Pty Limited

[2016] FWC 2820

[2016] FWC 2820

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Pacific Formwork Pty Limited
(B2016/82)

COMMISSIONER JOHNS SYDNEY, 5 MAY 2016

Proposed protected action ballot of employees of Pacific Formwork (Aust) Pty Ltd.

[1] On 4 May 2016, the Construction, Forestry, Mining and Energy Union (CFMEU) made an application for a protected action ballot order in relation to a group of employees of Pacific Formwork (Aust) Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Pacific Formwork/CFMEU Collective Agreement (ACT) 2012-2016 (Agreement). The nominal expiry date of the Agreement is 1 March 2016.

[5] On 5 May 2016, the Employer confirmed in writing that it did not object to the Order being issued.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [580040] will be issued concurrently with this decision.

COMMISSIONER

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