Construction, Forestry, Mining and Energy Union

[2014] FWC 39

[2014] FWC 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Applications for protected action ballot orders

Construction, Forestry, Mining and Energy Union

(B2013/1481)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(B2013/1482)

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

(B2013/1483)

v
Spotless Facility Services Pty Ltd

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 3 JANUARY 2014

Applications for protected action ballot orders by employees of Spotless Facility Services Pty Ltd.

[1] These applications pursuant to section 437 of the Fair Work Act 2009 (the Act) were lodged by the Construction, Forestry, Mining and Energy Union (CFMEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, printing and Kindred Industries Union (AMWU) respectively. The CFMEU was leading the bargaining on behalf of the three organisations.

[2] I heard the applications in Melbourne with a video link connection on 21 November 2013. On 22 November 2013 I ordered, in the three applications, that a protected action ballot of the employees of Spotless Facility Services Proprietary Limited (Spotless) be held. 1

[3] I considered the evidence of Ms Donnellan. Ms Donnellan provided an affidavit 2 which was her evidence in chief and on which she was cross-examined.

[4] Spotless opposed the order on the basis that the various unions had not been negotiating in good faith. In that regard I considered the evidence of Mr Douglas. Mr Douglas provided an affidavit 3 which was his evidence in chief and on which he was cross-examined.

[5] After considering the evidence of the two witnesses and the submissions of the parties I was satisfied that the application specified the group of employees to be balloted and the nature of the questions to be put to the employees to be balloted as well as the nature of the proposed industrial action.

[6] Although there were issues arising from the distances involved in organising bargaining meetings I was satisfied by the evidence of Ms Donnellan and submissions of Mr Borg that each applicant organisation had been genuinely trying to reach agreement with Spotless concerning the terms and conditions of employment of the employees who were to be balloted.

[7] It was for these reasons that I issued the Orders of 22 November 2013.

SENIOR DEPUTY PRESIDENT

 1   PR544919, PR544928, PR544925

 2   Exhibit CFMEU 1

 3   Exhibit Spotless 1

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