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

[2024] FWC 1848

[2024] FWC 1848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Ventia Australia Pty Ltd

(B2024/884)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 15 JULY 2024

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

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU)[1], The Australian Workers’ Union (AWU)[2] and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[3] have each made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 12 July 2024, the Commission was advised that the Employer, in effect, did not object to the Application, as amended.[4]

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 Anthony Dimitriou, 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 Ventia, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 August 2024.[5] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR777000.

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 matters. 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] B2024/877.

[2] B2024/879.

[3] B2024/886.

[4] The Respondent raised an inaccuracy relating to the contact information of its contact person. The Applicant subsequently filed an amended F34, correcting the contact information.

[5] This is, in effect, 10 working days from the anticipated Commencement Date of the ballot, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR777001>