Construction, Forestry and Maritime Employees Union v Mammoet Australia Pty Ltd

[2023] FWC 3303

[2023] FWC 3303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry and Maritime Employees Union
v

Mammoet Australia Pty Ltd

(B2023/1355)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 DECEMBER 2023

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

1. On 12 December 2023, the Commission was advised that Mammoet did not, in effect, 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 Mr Bradley Upton, Assistant State Secretary, CFMEU, 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 Mammoet, 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 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 10 January 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR769251.

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 involved 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This date was established by the Commission following consultation with the parties and takes into the Ballot Agent’s “Christmas” closure period from 22 December 2023 to 8 January 2024.

Printed by authority of the Commonwealth Government Printer

<PR769250>