The Australian Workers' Union v Cockburn Cement Limited

[2024] FWC 1292

[2024] FWC 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Cockburn Cement Limited

(B2024/545)

DEPUTY PRESIDENT BEAUMONT PERTH, 16 MAY 2024

Proposed protected action ballot of employees of Cockburn Cement Limited

1. On 15 May 2024, The Australian Workers’ Union (AWU) made an application under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Cockburn Cement Limited. 

1. On 15 May 2024, the Commission wrote to the Respondent asking whether it objected to the application.  The Respondent was directed to provide a response by 4:00PM (AWST) on that day.  No response was forthcoming from the Respondent until the Commission again reminded the Respondent on 16 May 2024 that it was required to provide a response.  The Respondent sought an extension of time in which to respond to the question asked of it, until 4:00PM on 16 May 2024.  On 16 May 2024, the matter was allocated to my Chambers.  Directions issued and the application was listed for hearing on 17 May 2024 at 12:00PM.  However, later in the day on 16 May 2024, the Respondent informed Chambers that it did not object to the application.   

1. Based on the materials filed and observing the agreed position of the parties, I considered it appropriate to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Benjamin Hughes, AWU Organiser, setting out the steps taken by the AWU 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 all of the requirements in s 443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS).  CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.  For the purposes of s 443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is by 6 June 2024.[2]  This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. An Order has been separately issued in PR775089.

1. This matter will shortly be listed for a s 448A compulsory conciliation conference and an Order requiring attendance at the conference will be issued.  It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Matter determined on the papers.

[1] [2023] FWC 1400.

[2] This is, in effect, fourteen (14) working days from the date of the Order.

Printed by authority of the Commonwealth Government Printer

<PR775095>