DECISION

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

Construction, Forestry, Mining and Energy Union
v
CQMS Castings Pty Ltd
(B2017/427)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 31 MAY 2017

Proposed protected action ballot by employees of CQMS Castings Pty Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of CQMS Castings Pty Ltd (the Respondent).

[2] On 30 May 2017 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr A Menon of the Applicant 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.

[5] An order has been separately issued in PR593342.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union, representing employees of CQMS Castings Pty Ltd, and the employer itself. The employees sought to conduct a protected action ballot in anticipation of potential industrial action, which was opposed by CQMS Castings. The Fair Work Commission was the court tasked with resolving the dispute.

The central legal issue before the Commission was whether the proposed ballot was in compliance with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the union had correctly followed the procedures necessary to conduct a lawful ballot, including the provision of requisite information to the employees and the adherence to timelines stipulated by the Act.

The Fair Work Commission carefully examined the union's application for authorisation to conduct the ballot, considering the procedural fairness and the necessity for the ballot under the circumstances. The Commission found that the union had indeed followed the prescribed procedures accurately and that there was a genuine risk that employees would take protected action without a ballot. Consequently, the Commission authorised the proposed ballot, ruling that the employees had the right to be informed and to participate in the democratic process of deciding on potential industrial action.

The Commission issued an order authorising the union to conduct the ballot as proposed, ensuring that the employees of CQMS Castings had the opportunity to express their views on the proposed industrial action. The decision underscored the importance of procedural compliance and the protection of employees' rights under the Fair Work Act.

Construction, Forestry, Mining and Energy Union v CQMS Castings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established