Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd T/A AGL Loy Yang

The Construction, Forestry, Mining and Energy Union (CFMEU) sought to take protected action in relation to employees of AGL Loy Yang Pty Ltd T/A AGL Loy Yang. The Union applied to the Fair Work Commission (FWC) for authorisation of a protected action ballot, which was referred to a Full Bench by the President. The legal issues before the Full Bench included whether there had been a notification time in relation to the proposed enterprise agreement, given that it was an agreement with multiple employers. The Union argued that the notification time had not been given as required by section 615A(1) of the Fair Work Act 2009 (Cth). The Full Bench considered the nature of the agreement and the process by which it was negotiated. Ultimately, the Full Bench found that there had been a notification time in relation to the proposed agreement, and dismissed the application. The Full Bench held that the Union had failed to establish that the notification time had not been given as required by the Act. The decision highlights the importance of following the notification requirements when negotiating an enterprise agreement with multiple employers.