Fair Work Act 2009

Section 437 - Application for a protected action ballot order

Construction, Forestry, Mining and Energy Union

Proposed protected action ballot of employees of Adelaide Independent Glass Pty Ltd

[1] This is an application dated 13 October 2017 the Construction, Forestry, Mining and Energy Union (the Applicant) made under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Adelaide Independent Glass Pty Ltd.

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 Matthew Blowes of the CFMEU dated 10 October 2017, 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision.[1]

[1] PR596844

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