Construction, Forestry, Maritime, Mining and Energy Union v DP World Brisbane Pty Ltd T/A DP World

The applicants, Construction, Forestry, Maritime, Mining and Energy Union, brought proceedings in the Fair Work Commission seeking to conduct a ballot of employees of DP World Brisbane Pty Ltd, seeking to determine if they would support protected action. DP World Brisbane Pty Ltd opposed the application, asserting that the ballot should not proceed due to the lack of compliance with the minimum notice period requirement. The applicants then sought to extend the minimum period of notice. The Fair Work Commission was required to determine whether the applicants had established the existence of exceptional circumstances, which would justify extending the minimum period of notice.

The Fair Work Commission considered whether the applicants had demonstrated exceptional circumstances. The Commission noted that the applicants had not provided sufficient evidence to demonstrate that exceptional circumstances existed. The applicants argued that there was a risk that the employees would not be available to vote on the ballot, but the Commission found that the applicants had not provided sufficient evidence to demonstrate that such a risk existed. The Commission also considered whether the applicants had demonstrated that the extension of the minimum period of notice was necessary to achieve a fair result. The Commission found that the applicants had not demonstrated that such an extension was necessary.

The Fair Work Commission dismissed the application to extend the minimum period of notice. The Commission found that the applicants had not demonstrated the existence of exceptional circumstances, and that the extension of the minimum period of notice was not necessary to achieve a fair result. The applicants' application was dismissed with costs.