Construction, Forestry and Maritime Employees Union v Bricks Australia Services Pty Limited

[2024] FWC 1303

[2024] FWC 1303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry and Maritime Employees Union
v

Bricks Australia Services Pty Limited

(B2024/549)

COMMISSIONER WILSON MELBOURNE, 17 MAY 2024

Proposed protected action ballot of employees of Bricks Australia Services Pty Limited

1. This is an application by the Construction, Forestry, Mining and Energy Union (CFMEU or Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Bricks Australia Services Pty Limited (Bricks or the Employer).

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 16 May 2024, the Fair Work Commission (the Commission) was advised that the Employer did not object to the application by the CFMEU although it did object to the AMWU’s application. Later negotiations between the two unions and the Employer led to amendments to the ballot questions posed in each matter.

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 Kylie Brown, Organiser, 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 Bricks, 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 Monday 1 July 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775131.

1. This matter will proceed before me to a s.448A compulsory conciliation conference along with the other related matter (B2024/548) on a date and time to be fixed. To the extent that this matter involves any additional bargaining representatives, an Order will be issued requiring their attendance in 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.

COMMISSIONER

[1] B2024/548.

[2] This is, in effect, thirty (30) working days from the date of the Order, as required by the AEC.

Printed by authority of the Commonwealth Government Printer

<PR775130>