Construction, Forestry, Mining and Energy Union-Construction and General Division v Australian Precast Solutions Pty Ltd and Abigroup Contractors Pty Ltd
[2009] FWA 68
•5 AUGUST 2009
[2009] FWA 68 |
|
DECISION |
Fair Work Act 2009
s.229 - Application for a bargaining order
v
Australian Precast Solutions Pty Ltd
and
Abigroup Contractors Pty Ltd
(B2009/10404)
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 5 AUGUST 2009 |
Application for a bargaining order.
[1] Late on 4 August 2009, the Construction, Forestry, Mining and Energy Union (CFMEU) made application, under s.229 of the Fair Work Act 2009, for a bargaining order directed against Australian Precast Solutions Pty Ltd (Precast) and Abigroup Contractors Pty Ltd (Abigroup).
[2] In light of a meeting scheduled at 7.00 am on 5 August 2009 at which employees of Abigroup were being asked to approve an agreement with PreCast, which the CFMEU relied on in its case for the bargaining order, the CFMEU sought an interim order, the effect of which is to require Precast and Abigroup not to proceed with the ballot until the hearing and determination of the substantive application.
[3] Given the late hour, I arranged a telephone conference between the CFMEU’s legal representative and an officer of Abigroup, in which the legal officer of Abigroup was later involved, initially to seek some agreed outcome. Absent an agreed outcome, I heard the parties in relation to the application for an interim order.
[4] I was satisfied that the CFMEU advanced an arguable case in support of its application and that the balance of convenience favoured the grant of an interim order to preserve the basis for a proper and orderly hearing of the substantive application, in circumstances where the applicant might be denied an ability to ventilate its case if the ballot proceeded, a consideration to be balanced against a delay in the conduct of the ballot which would inconvenience Precast and Abigroup.
[5] An interim order was made in PR988289.
[6] The matter has been listed at 10.00 am on Friday, 7 August 2009, for substantive hearing.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR988291>
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