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

[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.

1. 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).

1. 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.

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

1. 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.

1. 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.

1. 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.

1. An Order has been separately issued in PR788537.

1. 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

<PR788533>