Construction, Forestry, Maritime, Mining and Energy Union v Birdon Pty Ltd T/A Birdon

[2023] FWC 2601

[2023] FWC 2601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union

v

Birdon Pty Ltd T/A Birdon

(B2023/1063)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 OCTOBER 2023

Proposed protected action ballot of employees of Birdon Pty Ltd

1. This is an application by the Construction, Forestry, maritime, Mining and Energy Union (CFMMEU 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 Birdon Pty Ltd trading as Birdon (Birdon or Employer). 

2. On 10 October 2023, the Commission was advised that Birdon did not, in effect, object to the Application.

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

4. On the basis of the material before me, including the declaration of Mr Shane Reside, Organiser, setting out the steps taken by the CFMMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Birdon, 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order has been established by this Commission.[1]

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 21 November 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766995.

2. 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] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR766995>