Construction, Forestry, Mining and Energy Union v Ausgrid

[2015] FWC 243

[2015] FWC 243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Mining and Energy Union
v
Ausgrid
(B2015/12)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 12 JANUARY 2015

Proposed protected action ballot of employees of Ausgrid, Fair Work Act 2009 ss. 414(2)(a), 437, 443(1), 443(5),446.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry Mining and Energy Union (CFMEU). The CFMEU seeks a protected action ballot order in relation to certain employees of Ausgrid.

[2] A hearing in this matter was conducted on 9 January 2015. I am satisfied that each of the relevant requirements of the Act, and s.443(1) in particular, have been met. Accordingly, an order must be made. In reaching my decision I rely upon a witness statement of Mr Mark McGrath, the CFMEU’s District Vice President, providing information about matters relevant to s.443(1) of the Act.

[3] In accordance with s.443(5) of the Act, I am satisfied that there are exceptional circumstances justifying an extension to the period of written notice contained in paragraph 414(2)(a) of the Act. The period will be extended to 7 working days. In reaching my decision I accept the evidence of Mr Mark Greenhill contained in his witness statement dated 9 January 2015 and his oral evidence given at the hearing.

[4] Pursuant to s.446 of the Act, the ballot is to be conducted at the same time as other ballots which have been ordered in respect to applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Unions (B2015/5), the Automotive , Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (B2015/11), the Australian Municipal, Administrative, Clerical and Services Union known as the Australian Services Union (B2015/6) and The Association of Professional Engineers, Scientists and Managers, Australia (B2015/8).

[5] The CFMEU and Ausgrid have agreed that the ballot should be conducted by way of postal vote and that I should record that fact in this decision.

[6] An order [PR559908] based on the draft order provided by the CFMEU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr A. Bukarika on behalf of the CFMEU.
Mr G. Phillips and Ms N. Petit solicitors on behalf of Ausgrid.

Hearing details:

Sydney.

2015.
January, 9.

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR559937>