Construction, Forestry, Maritime, Mining and Energy Union v Ventia Pty Ltd

[2023] FWC 3052

[2023] FWC 3052

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

Ventia Pty Ltd

(B2023/1280)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 NOVEMBER 2023

Proposed protected action ballot of employees of Ventia Pty Ltd 

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Ventia Pty Ltd (Ventia or Employer). 

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 21 November 2023, the Commission was advised that Ventia did not, in effect, 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 Mr Walter Molina, Union Official - 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 Ventia, 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[2] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 11 December 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768486.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1277). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their 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] B2023/1277.

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

[3] This is, in effect, ten (10) working days from the Commencement Date, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR768487>