Construction, Forestry, Maritime, Mining and Energy Union v Global Cranes Pty Ltd

[2023] FWC 1162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Global Cranes Pty Ltd

(B2023/455)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MAY 2023

Proposed protected action ballot of employees of Global Cranes 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 Global Cranes Pty Ltd (Respondent).

On 16 May 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 declarations of Darren Greenfield and Mark Cross of the Applicant declared on 15 May 2023, 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 PR761965.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied to the Fair Work Commission for an order allowing a protected action ballot of certain employees of Global Cranes Pty Ltd. The matter was determined by Vice President Catanzariti of the Fair Work Commission on the papers, as Global Cranes did not oppose the application. The CFMMEU sought to hold a ballot to potentially authorise protected action, such as a strike, in the context of ongoing negotiations for an enterprise agreement.

The primary legal issue before the Vice President was whether the application met the statutory requirements for a protected action ballot, specifically under section 437 of the Fair Work Act 2009. The Vice President had to consider whether the CFMMEU had genuinely attempted to reach an agreement with Global Cranes and whether the statutory notification period had been met. The Vice President also had to ensure that the provisions of section 443 of the Act were satisfied.

Vice President Catanzariti found that the CFMMEU had genuinely attempted to negotiate with Global Cranes and that the statutory notification period had been adhered to. The Vice President was satisfied with the evidence provided, including the statutory declarations from Darren Greenfield and Mark Cross, which outlined the steps taken in bargaining with Global Cranes. Consequently, the Vice President determined that the application met the necessary criteria, and the requirements of the Act were fulfilled.

An Order was issued in PR761965, permitting the CFMMEU to proceed with the ballot for protected action. This decision allows the employees to vote on whether to authorise industrial action if negotiations with Global Cranes do not result in a satisfactory agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established