Construction, Forestry and Maritime Employees Union v

[2024] FWC 1043

[2024] FWC 1043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Australian Defence Apparel Pty Ltd

(B2024/459)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 APRIL 2024

Proposed protected action ballot of employees of Australian Defence Apparel Pty Ltd

1. This is an application by the Construction, Forestry and Maritime Employees’ Union (CFMEU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Defence Apparel Pty Ltd (Australian Defence Apparel or Employer).

1. On 19 April 2024, the Commission was advised that the Employer did not object to the Application as amended by the CFMEU.

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 declaration of Jenny Kruschel, TCF National Secretary of the CFMEU Manufacturing Division, setting out the steps taken by the CFMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Australian Defence Apparel, 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 the Australian Electoral Commission (AEC).

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 4 June 2024.[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 PR773776.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, thirty (30) working days from the date of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

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