Construction, Forestry and Maritime Employees Union v Viridian Glass Pty Ltd Summary

[2025] FWC 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Viridian Glass Pty Ltd

(B2025/946)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JUNE 2025

Proposed protected action ballot of employees of Viridian Glass Pty Ltd.

This is an application by the Construction, Forestry and Maritime Employees Union acting through its Manufacturing Division Branch (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 Viridian Glass Pty Ltd (Viridian or Employer).

On 18 June 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

I observe that one of the original ballot questions in Clause 5 of the proposed order was amended by the CFMEU following statutory matters being raised by the Commission.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Darren Connelly, Victorian District 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 Viridian, 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.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

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 31 July 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788365.

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 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] This is, in effect, 30 working days from the making of the Order and was the period sought in the application as amended.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU), acting through its Manufacturing Division Branch, applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Viridian Glass Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The Commission was informed on 18 June 2025 that Viridian did not object to the application. The ballot was proposed to be conducted by the Australian Electoral Commission, and the Commission determined that voting would close on 31 July 2025.

The legal issues that the Commission had to decide included whether the CFMEU had genuinely attempted to reach an agreement with Viridian and if all the requirements of section 443(1) of the Act had been fulfilled. The Commission considered the declaration by Darren Connelly, Victorian District Organiser of the CFMEU, who outlined the union's efforts in bargaining with Viridian and confirmed that the union had been genuinely trying to reach an agreement. The Commission was satisfied that there was a notification period for the proposed agreement and that all requirements had been met.

The Commission concluded that the CFMEU had taken all necessary steps to meet the legal criteria for a protected action ballot. Consequently, the Commission granted the application and issued an order permitting the ballot to proceed. The Commission also determined that a compulsory conciliation conference would be held, and it assigned another member of the Commission to conduct this conference. Directions were to be issued to ensure that the parties attended the conference prepared to engage in meaningful negotiations.

The final order included the granting of the protected action ballot order and the setting of the voting closure date for 31 July 2025. Additionally, an Order was issued in PR788365, and another Order was to be issued for the compulsory conciliation conference.

Construction, Forestry and Maritime Employees Union v Viridian Glass Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established