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
(B2018/139)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 MARCH 2018

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 (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 (Respondent).

[2] On 2 March 2018 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 PR600852.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union, which sought approval for a ballot of employees of USG Boral Building Products Pty Limited in relation to proposed protected action. The dispute arose out of negotiations between the union and the company regarding pay rates and conditions. The company contested the union's application on several grounds, including the relevance of the proposed action to ongoing bargaining and the potential for the ballot to create industrial unrest.

The Commission needed to determine whether the proposed ballot was an appropriate method for the union to take action in the circumstances, and whether it would facilitate a resolution of the dispute. In considering these issues, the Commission examined the nature of the proposed action, the current state of negotiations, and the potential impact of the ballot on both the employees and the employer.

The Fair Work Commission found that the proposed ballot was an appropriate means for the union to take action, as it would allow the employees to express their views on the proposed changes to their conditions. The Commission concluded that the ballot was necessary to facilitate a resolution of the dispute, as the company had not made any meaningful proposals in response to the union's claims. The Commission approved the union's application for a ballot, subject to certain conditions to ensure that the process was conducted fairly and in accordance with the relevant legislation.

The Commission ordered that the ballot be conducted in a manner that ensured the confidentiality of the employees' votes, and that the results of the ballot be reported to both parties within a specified timeframe. The Commission also made orders regarding the timing of the ballot, to ensure that it did not interfere with the ongoing negotiations between the parties.

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