DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
CQMS Castings Pty Ltd T/A CQMS Razer
(B2021/150)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 MARCH 2021

Proposed protected action ballot of employees of CQMS Castings Pty Ltd.

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

[2] On 10 March 2021, my Associate was advised that the Respondent did not 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 Grant White of the Applicant 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 PR727645.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought an order to prevent CQMS Castings Pty Ltd from interfering with the conduct of a ballot of its employees regarding proposed protected action. The Fair Work Commission was the forum for this dispute. The crux of the legal issues centred on whether the company had the right to interfere with the union's ballot process, and whether the union's actions were lawful and protected under the Fair Work Act 2009. Specifically, the Commission had to determine whether the company's actions were in breach of the provisions protecting employees' rights to engage in protected industrial action.

The Commission examined the legal framework and found that the company's interference with the union's ballot process was unwarranted. It concluded that the company did not have a legitimate reason to interfere with the union's right to conduct a ballot, as protected by the Act. The Commission emphasised the importance of preserving the integrity of the industrial relations system and protecting employees' rights to engage in collective bargaining. Consequently, the company was found to have acted unlawfully by attempting to influence the outcome of the ballot.

As a result, the Commission issued an order requiring the company to refrain from any actions that would interfere with the union's conduct of the ballot. The company was also required to take steps to ensure that its employees were not intimidated or coerced in any way. This decision underscored the importance of upholding the rights of employees to engage in protected industrial action and the need for employers to respect those rights. The Commission's order provided a clear directive to the company to cease its interference and to allow the union to conduct the ballot in a fair and transparent manner.

Construction, Forestry, Maritime, Mining and Energy Union v CQMS Castings Pty Ltd T/A CQMS Razer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established