Construction, Forestry, Maritime, Mining and Energy Union v Stanwell Corporation Limited Summary

[2022] FWC 1046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Stanwell Corporation Limited

(B2022/384)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 MAY 2022

Proposed protected action ballot of employees of Stanwell Corporation Limited

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 Stanwell Corporation Limited (Respondent).

On 3 May 2022, 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 declaration of Shane Brunker of the Applicant declared on 3 May 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 PR741274.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application with the Fair Work Commission under section 437 of the Fair Work Act 2009, seeking a protected action ballot order in relation to certain employees of Stanwell Corporation Limited. The CFMEU sought the order to facilitate a ballot for protected action by the employees, and the application was made on the basis that the statutory requirements for such an order had been satisfied. Stanwell Corporation Limited did not oppose the application, leading the Commission to determine the matter based on the provided documentation without holding a hearing.

The legal issue before the Fair Work Commission was whether the statutory prerequisites for the issuance of a protected action ballot order under section 437 of the Fair Work Act had been met. This involved verifying if there was a notification period in relation to the proposed agreement and whether the CFMEU had genuinely attempted to reach an agreement with Stanwell Corporation Limited. The Commission examined the statutory declaration provided by Shane Brunker of the CFMEU, which detailed the union's bargaining efforts and their ongoing attempts to reach an agreement with the employer.

Upon reviewing the statutory declaration and other materials, the Vice President of the Fair Work Commission was satisfied that the statutory requirements for a protected action ballot order had indeed been met. The Commission noted that the notification period was in place and that the CFMEU had genuinely tried to reach an agreement with Stanwell Corporation Limited. Consequently, the application for a protected action ballot order was approved, and an order was issued in PR741274.

The Fair Work Commission issued an order in PR741274, granting the CFMEU's application for a protected action ballot order. The Commission's decision was based on the evidence provided, which demonstrated that the statutory requirements were satisfied, and the union had genuinely attempted to negotiate with the employer. The order allowed the CFMEU to proceed with the ballot for protected action by the employees of Stanwell Corporation Limited.

Construction, Forestry, Maritime, Mining and Energy Union v Stanwell Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established