Construction, Forestry and Maritime Employees Union v C&H Acquisition Pty Ltd T/A C&H Acquisition

[2025] FWC 933

[2025] FWC 933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

C&H Acquisition Pty Ltd T/A C&H Acquisition

(B2025/548)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 3 APRIL 2025

Proposed protected action ballot of employees of C&H Acquisition 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 C&H Acquisition Pty Ltd trading as C&H Acquisition (C&H Acquisition or Employer). The parties are bargaining for an enterprise agreement to replace the C&H Genmob Enterprise Agreement 2020.

1. On 2 April 2025, the Commission was advised that the Employer, in effect, 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 declaration of Paul Dunbar, Industrial Relations Coordinator, 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 C&H Acquisition, 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 17 April 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 PR785792.

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 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.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and has been established having regard to all of the relevant circumstances of this matter.

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<PR785793>