DECISION

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

Construction, Forestry, Mining and Energy Union
v
USG Boral Building Products Pty Limited
(B2017/148)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 FEBRUARY 2017

Proposed protected action ballot of employees of USG Boral Building Products Pty Limited.

[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 USG Boral Building Products Pty Limited (the Respondent).

[2] On 20 February 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 D Dando 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 PR590350.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union v USG Boral Building Products Pty Limited, the dispute arose from a proposed industrial action ballot of employees of USG Boral Building Products Pty Limited. The matter was heard in the Fair Work Commission, where the Union sought approval for a ballot of its members employed by USG Boral for potential protected action, including a strike.

The central legal issues revolved around whether the proposed industrial action was protected action under the Fair Work Act 2009 and whether the ballot was conducted in accordance with the provisions of the Act. Specifically, the Commission needed to determine if the ballot complied with the notice and information requirements stipulated in the legislation. Additionally, the Court had to consider whether the proposed industrial action was in relation to a 'workplace matter' as defined by the Act.

The Fair Work Commission found that the proposed industrial action was protected action and that the ballot was conducted in accordance with the relevant provisions of the Fair Work Act. The Commission held that the Union had provided adequate notice and information to its members, thereby satisfying the legal requirements for a protected action ballot. Consequently, the Commission approved the ballot, confirming its compliance with the Act. The decision was based on a detailed analysis of the information provided to the employees and the procedural fairness of the ballot process.

As a result of the Court's findings, the Union was authorised to proceed with the ballot of its members employed by USG Boral Building Products Pty Limited. The Court's approval of the ballot was a significant outcome for the Union, as it enabled the members to vote on the proposed industrial action in accordance with the legal framework. The decision reinforced the importance of adhering to statutory requirements when organising and conducting industrial action.

Construction, Forestry, Mining and Energy Union v USG Boral Building Products Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established