Australian Mines and Metals Association Inc; Master Builders Australia Limited v Construction, Forestry, Maritime, Mining and Energy Union

The Australian Mines and Metals Association Inc and Master Builders Australia Limited sought an appeal against a decision made by Deputy President Gostencnik at Melbourne on 6 March 2018. The original matter, D2017/5, involved the decision to allow the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to proceed with a protected industrial action ballot. The applicants, the Mines and Metals Association and Master Builders Australia, argued that the decision should be overturned as the CFMEU had failed to provide sufficient information to establish a genuine dispute of economic or employer-related matters, as required by the Fair Work Act 2009.

The central legal issue was whether the CFMEU had substantiated a genuine dispute of economic or employer-related matters. The applicants contended that the union had not provided adequate evidence to support the assertion of a genuine dispute. They argued that the union's claims were speculative and not based on concrete evidence. Conversely, the union maintained that the information provided was sufficient to establish a bona fide dispute, particularly regarding potential employer-related issues.

The court examined the evidence presented by the union to determine if it was sufficient to establish a genuine dispute. The union had submitted documentation and witness statements, which the applicants argued were not enough to substantiate their claims. The court considered the standard of proof required and concluded that the union had provided adequate evidence to satisfy the threshold for proceeding with a protected action ballot. The court found that the union had made out a case of a genuine dispute, and therefore, the decision to allow the ballot was upheld.

The court dismissed the appeal and affirmed the decision of Deputy President Gostencnik. The CFMEU was permitted to proceed with the ballot as the union had satisfied the legal requirements for protected action.