Construction, Forestry and Maritime Employees Union v Eptec Pty Ltd T/A Eptec

[2024] FWC 689

[2024] FWC 689

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 T/A Eptec

(B2024/223)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 MARCH 2024

Proposed protected action ballot of employees of Eptec Pty Ltd T/As Eptec

1. This is an application by Construction, Forestry, Mining and Energy 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 18 March 2024, the Commission was advised that the Employer did not object to the Application.

1. On the basis of the material before me, including the declaration of Phil Kennedy, CFMEU 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 them, 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 T/A CiVS (CiVS). CiVS has been approved[1] 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 2 April 2024.  This also establishes the ballot period for the purpose of s.448A(2) of the Act.[2]

1. An Order has been separately issued in PR772436.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[2] This is the date sought in the draft order. This is also, in effect, 14 working days from the date of effect of the Order.

Printed by authority of the Commonwealth Government Printer

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