Construction, Forestry and Maritime Employees Union v CSR Building Products Limited Summary

[2025] FWC 3132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

CSR Building Products Limited

(B2025/1596)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 20 OCTOBER 2025

Proposed protected action ballot of employees of CSR Building Products Limited – non-AEC ballot agent electronic voting

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 CSR Building Products Limited (CSR or Employer).

On 17 October 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 India Baxter, Industrial Officer, 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 CSR, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting 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 3 November 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

I observe that the application provided in this matter contained a number of proposals by the CFMEU in relation to the updating and finalisation of the list of voters. These proposals were not in a form suitable for inclusion in the Order and were inconsistent with some of the other provisions in the draft order. In the circumstances, I have issued the Order using the Commission’s standard approach, noting that this is consistent with the Act and associated regulations on the conduct of the ballot. I also observe that the Ballot Agent may have regard to the proposals set out in the application to the extent that they are consistent with the Order and the proper conduct of a ballot of this kind.

An Order has been separately issued in PR792786.

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 was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought an order under section 437 of the Fair Work Act 2009 for a protected action ballot in relation to certain employees of CSR Building Products Limited. CSR did not object to the application, allowing the matter to be determined on the papers without a hearing. The CFMEU had engaged in bargaining with CSR and was seeking to conduct a ballot through Vero Engagement & Voting Solutions Pty Ltd, which had been approved as a ballot agent. The key issue before the Commission was whether the requirements for a protected action ballot were met, including the validity of the ballot agent and the timing of the ballot period.

The Deputy President considered the application and the evidence provided by the CFMEU, including the declaration by India Baxter, an Industrial Officer, which confirmed the union's efforts to reach an agreement with CSR. The Commission was satisfied that all requirements under section 443 of the Act were met, and Vero Voting was authorised to conduct the ballot. The date for the closing of voting was set at 3 November 2025, which was 10 working days from the making of the order, as sought by the CFMEU. The Deputy President also noted that while some proposals in the application regarding the list of voters were not suitable for inclusion in the order, the ballot agent could consider them if consistent with the order and the proper conduct of the ballot.

The Commission issued an order granting the CFMEU's application for a protected action ballot, specifying the ballot agent and the closing date for voting. The Deputy President also noted that a separate order was issued for a compulsory conciliation conference to be conducted by another member of the Commission, requiring the attendance of all bargaining representatives in the proposed enterprise agreement. Directions were likely to be issued to ensure that the parties were prepared to conduct meaningful negotiations at the conference. The matter was assigned to another member for further proceedings.

Construction, Forestry and Maritime Employees Union v CSR Building Products Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established