Construction, Forestry and Maritime Employees Union v Summary

[2024] FWC 1072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union
v

Laminex Group Pty Limited

(B2024/473)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 APRIL 2024

Proposed protected action ballots of employees of Laminex Group Pty Limited

The Construction, Forestry and Maritime Employees Union (CFMEU or Applicant) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Laminex Group Pty Limited (Laminex or Employer).

I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have made separate applications for a protected action ballot order in relation the same proposed agreement.[1]

On 23 April 2023, the Commission was advised that Laminex did not object to the application.

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 Grant Edwin White, Organiser, setting out the steps taken by the CFMEU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Laminex, 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 TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act[2] and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each matter is 9 May 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

The Order has been separately issued in PR773999.

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] B2024/471 and B2024/472.

[2] TrueVote Pty Ltd [2023] FWC 1446.

[3] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for a protected action ballot order under section 437 of the Fair Work Act 2009 in relation to certain employees of Laminex Group Pty Limited. Laminex did not object to the application. Two other unions, the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, also made separate applications for a protected action ballot order concerning the same proposed agreement. The application was determined on the papers without a hearing.

The legal issues that the FWC had to decide were whether the notification time for the proposed agreement had been met and whether all the requirements under section 443(1) of the Fair Work Act had been satisfied. The CFMEU submitted a declaration by its Organiser, Grant Edwin White, which outlined the union's bargaining efforts and its genuine attempts to reach an agreement with Laminex. The FWC was satisfied that all the requirements of section 443(1) of the Act had been met. The ballot was to be conducted by TrueVote Pty Ltd, an approved protected action ballot agent under section 468A of the Act.

The FWC determined that the voting for the ballot was to close on 9 May 2024. The FWC also established this date as the ballot period for the purpose of section 448A(2) of the Act. The matter was assigned to another member of the Commission to conduct a compulsory conciliation conference along with the other related matters. An order was issued requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. Directions were also likely to be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

Construction, Forestry and Maritime Employees Union v

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established