Construction, Forestry and Maritime Employees Union v Programmed Industrial Maintenance Pty Ltd

[2025] FWC 1677

[2025] FWC 1677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union

v

Programmed Industrial Maintenance Pty Ltd

(B2025/940)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 17 JUNE 2025

Proposed protected action ballot of employees of Programmed Industrial Maintenance 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 Programmed Industrial Maintenance Pty Ltd (PIM or Employer).

1. I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 17 June 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

1. I observe that the application provided in this matter contained certain observations about the CFMEU’s preference in relation to the date and time the ballot is to open, and updating and finalisation of the list of voters. One aspect of these was not in a form suitable for inclusion in the Order and may have contradicted some of the other proposed provisions. In that light, I have issued the Order using the Commission’s standard approach, noting that this is also consistent with the role to be played by 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.

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 David Vroland, Lawyer, 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 PIM, 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 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.

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 1 July 2025.[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 PR788277.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2025/935.

[2] 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

<PR788278>