| [2024] FWC 1601 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
United Workers' Union
v
CSR Building Products Ltd
(B2024/785)
| DEPUTY PRESIDENT CROSS | SYDNEY, 21 JUNE 2024 |
Proposed protected action ballot of employees of CSR Building Products Ltd
This is an application by the United Worker’s Union (UWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of CSR Building Products Ltd (CSR Building).
On 19 June 2024, the Commission was advised that the Employer objected to the Application. A Hearing was held on 21 June 2024 to resolve the issue. A consent position was reached and the Applicant filed an Amended Order reflecting the position reached.
On the basis of the material before me, including the declaration of Sukanya Ananth, Industrial Officer, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CSR Building, 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.
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 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 15 July 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR776196.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
Appearances:
Ms S Ananth on behalf of the Applicant.
Ms A Millar (Johnson Winter Slattery) on behalf of the Respondent.
Hearing details:
Microsoft Teams.
21 June 2024.
2:00PM (Sydney Time).
Printed by authority of the Commonwealth Government Printer
<PR776197>
- AGLC
- United Workers' Union v CSR Building Products Ltd [2024] FWC 1601
- Case
- [2024] FWC 1601
- Decision Date
CaseChat Overview and Summary
The legal issues before the Deputy President were whether the Union had satisfied the statutory requirements for a protected action ballot and whether the ballot agent, Democratic Outcomes Pty Ltd, was appropriately authorised to conduct the ballot. The Deputy President found that the Union had indeed satisfied all the requirements for a protected action ballot, and the ballot agent was appropriately authorised. The Deputy President also determined the closing date for voting in the ballot.
The Deputy President issued an order for the ballot to be conducted by Democratic Outcomes Pty Ltd, with voting to close on 15 July 2024. The Deputy President also assigned the matter to another Member of the Commission for the compulsory conciliation conference under section 448A of the Act. The other Member will issue an order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. Directions will likely also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.