Construction, Forestry and Maritime Employees Union v Boom Logistics Projects Pty Ltd

[2025] FWC 1749

[2025] FWC 1749

FAIR WORK COMMISSION

DECISION

Fair Work Act

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Boom Logistics Projects Pty Ltd

(B2025/953)

DEPUTY PRESIDENT WRIGHT SYDNEY, 20 JUNE 2025

Proposed protected action ballot of employees of Boom Logistics Projects 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 Boom Logistics Pty Ltd (Boom Logistics or Employer). 

1. On 19 June 2025, the Commission was advised that the Employer objected to the application on the grounds that one of the proposed ballot questions described industrial action in such a way that its employees would not be capable of responding to it. The Employer filed a witness statement and submissions in support of its position.

1. In the circumstances, I listed the matter for hearing on 20 June 2025. Prior to the commencement of the hearing, the parties advised my Chambers that the CFMEU had agreed to amend the proposed order to delete the question which the Employer objected to. Accordingly, the Employer withdrew its objection to the application and the parties agreed to the matter being determined on the papers.

1. On the basis of the material before me, including the declaration of Paul Dunbar, Industrial Relations Co-Ordinator, 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 Boom Logistics, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 4 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 PR788431.

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, 10 working days from making of the Order and was the period sought in the application.

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