Construction, Forestry, Maritime, Mining and Energy Union v SRG Global Integrated Services Pty Ltd

[2023] FWC 1914

[2023] FWC 1914

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

SRG Global Integrated Services Pty Ltd

(B2023/788)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 AUGUST 2023

Proposed protected action ballot of employees of SRG Global Integrated Services Pty Ltd

1. This is an application by the Construction, Forestry, 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 SRG Global Integrated Services Pty Ltd (SRG or Employer). 

1. On 2 August 2023, the Commission was advised that SRG, in effect, did not object to the Application.

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 Michelle Sheehy, CFMMEU Organiser, 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 SRG, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, and following consultation with the parties, a ballot period of ten (10) working days from the date of the Order (3 August 2023) has been determined by the Commission.[2]

1. An Order has been separately issued in PR764829.

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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] Parties were provided with an opportunity to be heard in relation to the proposed ballot period; no submissions were provided.

Printed by authority of the Commonwealth Government Printer

<PR764830>