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

[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

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.

On 2 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

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.

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.

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.

An Order has been separately issued in PR785792.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for a protected action ballot order concerning certain employees of C&H Acquisition Pty Ltd. The CFMEU sought the order under section 437 of the Fair Work Act 2009 in the context of ongoing negotiations for an enterprise agreement to replace the C&H Genmob Enterprise Agreement 2020. The employer, C&H Acquisition, did not object to the application, leading the Commission to decide the matter on the papers without a hearing. The CFMEU's declaration by Paul Dunbar, the Industrial Relations Coordinator, detailed the union's efforts to reach an agreement, and the Commission was satisfied that all statutory requirements for the ballot had been met.

The legal issues before the Commission included determining whether the notification time for the proposed agreement had been met and if all prerequisites under section 443(1) of the Fair Work Act 2009 were fulfilled. The Commission needed to ascertain whether the steps taken by the CFMEU demonstrated genuine efforts to reach an agreement, and whether TrueVote Pty Ltd, the approved ballot agent, was eligible to conduct the ballot. Additionally, the Commission had to set a closing date for the ballot period in accordance with section 443(3)(c) of the Act.

In rendering its decision, the Commission noted that the CFMEU had demonstrated genuine attempts to negotiate with C&H Acquisition, and that TrueVote was authorised to conduct the ballot. The Commission set the closing date for voting as 17 April 2025, effectively establishing a 10-working-day period from the date of the order. This decision also initiated the compulsory conciliation conference process under section 448A of the Act, with an Order to be issued to compel the attendance of all bargaining representatives and to facilitate meaningful negotiations. The matter was subsequently assigned to another Commission member for the conciliation conference.

The final orders issued by the Commission included the approval of the ballot, the authorisation of TrueVote to conduct the ballot, and the establishment of the closing date for voting. Additionally, the Commission mandated the attendance of all bargaining representatives at the compulsory conciliation conference and directed that meaningful negotiations take place.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established