| [2023] FWC 786 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Construction, Forestry, Maritime, Mining and Energy Union
v
Visy Pulp and Paper Pty Ltd
(B2023/295)
| VICE PRESIDENT CATANZARITI | SYDNEY, 31 MARCH 2023 |
Proposed protected action ballot of employees of Visy Pulp and Paper 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 Visy Pulp and Paper Pty Ltd (Respondent).
On 31 March 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 declaration of Alison Rudman of the Applicant declared on 30 March 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 and Directions have been separately issued in PR760783 and PR760790 respectively.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR760784>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union v Visy Pulp and Paper Pty Ltd [2023] FWC 786
- Case
- [2023] FWC 786
- Decision Date
CaseChat Overview and Summary
The primary legal issue the FWC had to address was whether the conditions for a protected action ballot were satisfied. Specifically, the FWC needed to determine if the CFMEU had genuinely attempted to reach an agreement with Visy Pulp and Paper, if a notification period had been observed, and if the statutory requirements outlined in section 443(1) of the Fair Work Act had been fulfilled. These criteria are essential for the FWC to grant a ballot order, ensuring that the union's actions are both procedurally and substantively justified under the Act.
In its decision, the FWC examined the statutory declaration of Alison Rudman from the CFMEU, which detailed the union's efforts in bargaining with Visy Pulp and Paper. The FWC found that the CFMEU had indeed been genuinely trying to reach an agreement with Visy Pulp and Paper, and that all necessary notification periods had been observed. Consequently, the FWC was satisfied that the statutory requirements had been met, leading to the grant of the ballot order. The FWC's decision was based on the material provided and did not require a formal hearing. Additionally, the FWC noted that separate orders and directions had been issued in related proceedings.
The final orders and directions were issued to allow the CFMEU to proceed with the ballot among its members employed by Visy Pulp and Paper. The FWC's decision underscores the importance of the union's genuine negotiation efforts and adherence to the statutory notification periods in protected action ballot applications under the Fair Work Act. The FWC's ruling facilitates the union's ability to seek its members' approval for potential industrial action, provided the statutory conditions are met.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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