Construction, Forestry, Maritime, Mining and Energy Union v Frames and Trusses (NSW) Pty Ltd Summary

[2022] FWC 1670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Frames and Trusses (NSW) Pty Ltd

(B2022/613)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 JUNE 2022

Proposed protected action ballot of employees of Frames and Trusses (NSW) Pty Ltd

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 Frames and Trusses (NSW) Pty Ltd (Respondent).
The Respondent neither consented to nor opposed the application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Luke Hayden of the Applicant declared on 27 June 2022, 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.

An Order has been separately issued in PR743160.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) under section 437 of the Fair Work Act 2009, seeking an order for a protected action ballot in relation to certain employees of Frames and Trusses (NSW) Pty Ltd (the Respondent). The Respondent neither consented to nor opposed the application. The Vice President, Catanzariti, determined the matter on the papers without the necessity of a hearing.

The legal issues before the court involved whether the statutory requirements for a protected action ballot were met, specifically under section 443(1) of the Fair Work Act 2009. The Applicant needed to demonstrate that it had been genuinely attempting to reach an agreement with the Respondent and that a notification period for the proposed agreement was applicable. The evidence provided included a statutory declaration by Luke Hayden of the Applicant, outlining the bargaining steps taken and confirming the union's efforts to reach an agreement.

After reviewing the material, the Vice President was satisfied that the Applicant had genuinely tried to reach an agreement with the Respondent and that the statutory requirements for the notification period were met. Consequently, the court issued an order for the protected action ballot as requested by the Applicant. The decision was documented in an order issued separately in PR743160.

Construction, Forestry, Maritime, Mining and Energy Union v Frames and Trusses (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established