Construction, Forestry and Maritime Employees Union v Multiplex Australasia Pty Ltd

[2023] FWC 3421

[2023] FWC 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Multiplex Australasia Pty Ltd

(B2023/1388)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 DECEMBER 2023

Proposed protected action ballot of employees of Multiplex Australasia Pty Ltd

1. This is an application by the 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 Multiplex Australasia Pty Ltd (Multiplex or Employer). 

1. On 19 December 2023, Multiplex raised concerns in relation to the proposed ballot period and Commencement Date. The Commission consulted with the parties in relation to the above concerns on 20 December 2023 and has determined the matter as set out below.

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 Rhys Cardinal, Legal/ Industrial Assistant, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Multiplex, 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. Both parties agreed to seek a Commencement Date for the ballot itself of 8 January 2024, which appears to be based on sound logistical reasons. Accordingly, Clause 8.2.1 of the proposed order has been amended to reflect the above date.

2. 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 16 January 2023.[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 PR769652.

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] On 20 December 2023, the Commission emailed the parties proposing that the date by which voting is to close would be 16 January 2023. No subsequent submissions were made by either party.

Printed by authority of the Commonwealth Government Printer

<PR769653>