Construction, Forestry, Maritime, Mining and Energy Union v CSL Australia Pty Ltd T/A CSL Shipping

[2023] FWC 2832

[2023] FWC 2832

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

CSL Australia Pty Ltd T/A CSL Shipping

(B2023/1166)

DEPUTY PRESIDENT WRIGHT SYDNEY, 27 OCTOBER 2023

Proposed protected action ballot of employees of CSL Australia Pty Ltd Trading As CSL Shipping

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 (Act) for a protected action ballot order in relation to certain employees of CSL Australia Pty Ltd T/A CSL Shipping (CSL or Employer).

1. On 26 October 2023, the Commission was advised that CSL, in effect, did not object to the Application. However, CSL objected to the form of the ballot questions.

1. On 27 October 2023, the parties advised the Commission that they had reached a consent position in relation to the ballot questions. I have therefore determined the matter on the papers.

1. On the basis of the material before me, including the declaration of Campbell Duignan on behalf of the CFMMEU, 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 the Employer, 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 Democratic Outcomes Pty Ltd T/A CiVS. 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 15 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR767687.

1. 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] The Amended Draft Order filed by the CFMMEU provides that the ballot closes 14 days from the date that the ballot opens, and that the Employer and the Applicant are required to provide lists of eligible employees to the Agent within 3 working days of the Order. Accordingly, the date by which voting closes has been determined based on the assumption that the ballot will open on the same date that the Employer and the Applicant are required to provide lists of eligible employees to the Agent.

Printed by authority of the Commonwealth Government Printer

<PR767686>