Construction, Forestry, Maritime, Mining and Energy Union v Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

[2023] FWC 1795

[2023] FWC 1795

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

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

(B2023/732)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 24 JULY 2023

Proposed protected action ballot of employees of Godfrey Hirst Australia Pty Ltd.

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 the Respondent, Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst (Godfrey Hirst or Employer). 

1. On 24 July 2023, the Commission was advised that Godfrey Hirst did not object to the Application as amended to clarify the employees intended to be balloted under the Order.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.  

1. On the basis of the material before me, including the declaration of Ms Jennifer Kruschel, TCF National Secretary for the CFMMEU Manufacturing Division, 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 Godfrey Hirst, 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 the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (24 July 2023) has been established by this Commission.[1]  

1. An order has been separately issued in PR764467.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

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