Construction, Forestry and Maritime Employees Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Co-Operative Bulk Handling Ltd T/A

[2025] FWC 1794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 437—Protected action

Construction, Forestry and Maritime Employees Union
&
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Co-Operative Bulk Handling Ltd T/A Co-Operative Bulk Handling

(B2025/963)

COMMISSIONER LIM

PERTH, 24 JUNE 2025

Proposed protected action ballot of employees of Co-Operative Bulk Handling Ltd.

This is an application made jointly by the Construction, Forestry and Maritime Employees Union acting through its Maritime Union of Australia Division (MUA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia acting through its Electrical, Energy and Services Division (ETU) (collectively, the Applicants) made under s 437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Co-Operative Bulk Handling Ltd Trading As Co-Operative Bulk Handling (CBH or Employer).

On Tuesday 24 June 2025, the Commission was advised that the parties had reached a consent position on the application and the Employer did not object to the application.

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

On the basis of the material before me – including the separate declarations of Mr Daniel Piccoli (Organiser for the MUA) and Mr Andy Giddens (Assistant State Secretary for the ETU) which set out the steps taken by the Applicants in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with CHB – I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s 443(1) of the Act have been met.

The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s 443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is Tuesday 15 July 2025.[1] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

An Order has been separately issued in PR788537.

The parties will receive further directions from my Chambers so that I can conduct the s 448A compulsory conference.

COMMISSIONER

Determined on the papers.

[1] This is, in effect, 21 calendar days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking a protected action ballot order for certain employees of Co-Operative Bulk Handling Ltd. The unions aimed to ballot their members regarding proposed protected actions, such as strikes or lockouts, due to ongoing disputes in their negotiations with the employer. The Commission was required to determine whether the application met the statutory requirements under the Fair Work Act 2009 for a protected action ballot.

The legal issues before the Commission involved verifying if the unions had genuinely attempted to negotiate with the employer and if the notification period for the proposed agreement had been met. Additionally, the Commission needed to confirm that the ballot agent, Democratic Outcomes Pty Ltd, was appropriately authorised to conduct the ballot. The unions provided declarations from their representatives asserting their good faith efforts in negotiations and the necessity for the ballot.

The Commission, satisfied by the declarations and the lack of objection from the employer, determined that the unions had met all requirements for the ballot. The Commission set the closing date for voting as 15 July 2025, ensuring compliance with the Act. The Commission also authorised Democratic Outcomes Pty Ltd to conduct the ballot, having verified their eligibility under the Act. An order was subsequently issued, and further directions were provided for the compulsory conference under section 448A of the Act.

The Commission issued an order approving the ballot and setting the voting deadline. This decision was made on the papers due to the consent position reached by the parties and the employer's lack of objection. The unions and the employer will receive further directions from the Commission to proceed with the compulsory conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established