Construction, Forestry, Maritime, Mining and Energy Union v Boom Logistics Limited

[2021] FWC 6604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Boom Logistics Limited
(B2021/1217)

VICE PRESIDENT CATANZARITI

SYDNEY, 14 DECEMBER 2021

Proposed protected action ballot of employees of Boom Logistics Limited

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Boom Logistics Limited (Respondent).

[2] On 10 December 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Rita Mallia of the Applicant declared on 9 December 2021, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR736750.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Court of Australia involved the Construction, Forestry, Maritime, Mining and Energy Union and Boom Logistics Limited. The union sought to conduct a protected action ballot among the employees of Boom Logistics Limited. The company opposed the ballot, arguing that it was not a genuine attempt to resolve workplace issues and that it might incite industrial action. The court had to determine whether the union's ballot was genuinely related to a workplace dispute and whether it complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the union's proposed ballot met the criteria for a protected action ballot under the Fair Work Act. This involved examining whether the ballot related to a genuine dispute over an industrial issue, and whether it was conducted in good faith. The court also had to consider whether the ballot notice provided to employees complied with the statutory requirements, including the specification of the workplace issue and the proposed action.

The court found that the union's ballot was genuinely related to a workplace dispute and was conducted in good faith. It noted that the ballot notice clearly identified the workplace issue and the proposed action, thus satisfying the statutory requirements. The court rejected the employer's argument that the ballot was intended to incite industrial action without a genuine dispute, holding that the union had acted within its rights under the Act. Consequently, the union was permitted to proceed with the ballot.

No final orders were specified in the extract, but the decision allowed the union to conduct the proposed ballot among the employees of Boom Logistics Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established