Construction, Forestry, Mining and Energy Union v Sunbury Wall Frames & Trusses (Aust) Pty Ltd

[2010] FWA 3513

[2010] FWA 3513

FAIR WORK AUSTRALIA

STATEMENT

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Construction, Forestry, Mining and Energy Union
v
Sunbury Wall Frames & Trusses (Aust) Pty Ltd
(C2010/174)

COMMISSIONER RYAN MELBOURNE, 3 MAY 2010

Application to deal with a general protections dispute.

[1] An application was made under s.372 by the Construction, Forestry, Mining and Energy Union (CFMEU) for Fair Work Australia (FWA) to deal with an alleged general protections contravention by Sunbury Wall Frames and Trusses (Aust) Pty Ltd (the Employer). The alleged contravention did not involve a termination of employment.

[2] Pursuant to s.374 FWA must conduct a conference of the parties only if the parties to the dispute agree to participate. Both the CFMEU and the Employer agreed to participate and a conference was held on 21 April 2010. The conference did not lead to a resolution of the matter.

[3] Whilst s.369 of the Fair Work Act 2009 (Act) requires FWA to issue a certificate on completion of a conference held under s.368 in relation to an application under s.365, the Act makes no provision for a certificate to be issued by FWA in relation to a matter which has been dealt with by conference under s.374.

[4] The only specific requirement on FWA is that s.375 of the Act does require FWA to advise the parties who participated in the conference if FWA considers that the applicant would not have a reasonable prospect of success in any court action in relation to the matter.

[5] Having taken into account all of the material before me I consider that a general protections court action in relation to the dispute would have a reasonable prospect of success, and I so advise the parties.

COMMISSIONER

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