Construction, Forestry and Maritime Employees Union v Eptec Pty Ltd

[2024] FWC 965

[2024] FWC 965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Eptec Pty Ltd

(B2024/434)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 APRIL 2024

Proposed protected action ballot of employees of Eptec 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 Eptec Pty Ltd (Eptec or Employer).

1. On 10 April 2024, the Commission was advised that the Employer 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 Shane Reside, 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 Eptec Pty Ltd, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 9 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The Commission raised a concern with one of the proposed protected action ballot questions with the parties. The Applicant has subsequently sought for this question to be removed and the proposed order has been amended accordingly.

1. An Order has been separately issued in PR773477.

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] [2023] FWC 1400.

[2] This is seventeen (17) working days from the date of the Order which is in effect, fourteen (14) working days from the commencement of the ballot as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR773479>