DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Corinthian Industries (Australia) Pty Ltd
(B2019/1256)

DEPUTY PRESIDENT DEAN

SYDNEY, 31 OCTOBER 2019

Proposed protected action ballot of employees of Corinthian Industries (Australia) Pty Limited.

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

[2] On 30 October 2019, 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 Michael Aird of the CFMMEU declared on 28 October 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR713863.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd, a company in the building and construction industry, took legal action against the Construction, Forestry, Maritime, Mining and Energy Union, a trade union representing employees of the company. Corinthian Industries sought a declaration that the union's proposed industrial action was unlawful and an injunction to prevent the union from proceeding with the action. The matter was heard in the Federal Court of Australia. The central issue before the court was whether the union's proposed protected action ballot was in accordance with the Fair Work Act 2009. Specifically, the court needed to determine whether the ballot notice provided by the union met the statutory requirements outlined in the Act.

In delivering the judgment, the court emphasised the importance of strict compliance with the statutory requirements for protected action ballots. The court held that the union's ballot notice did not sufficiently identify the employer, Corinthian Industries, and did not specify the nature of the proposed action in a manner that was clear and precise. The court found that these deficiencies rendered the ballot notice invalid and, consequently, the proposed industrial action unlawful. The court granted the relief sought by Corinthian Industries, declaring the proposed ballot invalid and prohibiting the union from proceeding with the industrial action. This decision underscores the necessity for unions to adhere strictly to the statutory requirements when organising and conducting protected action ballots.

Construction, Forestry, Maritime, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established