Construction, Forestry and Maritime Employees Union v Sarens (Australia) Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Construction, Forestry and Maritime Employees Union
Respondent: Sarens (Australia) Pty Ltd
Ratio
The FWC granted a protected action ballot order under s.437 of the Fair Work Act 2009 because all requirements under s.443(1) were satisfied, including evidence that the union had genuinely tried to reach agreement with the employer and that there was a notification time in relation to the proposed agreement. The employer did not object to the application.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 7
- Application made by CFMEU under s.437 for protected action ballot order
- Employer did not object to the application
- Declaration of Kyle Sinclair, CFMEU Organiser, established that the union had been genuinely trying to reach agreement with Sarens
- Notification time existed in relation to the proposed agreement
- Democratic Outcomes Pty Ltd (CiVS) approved as eligible protected action ballot agent under s.468A
- Voting closure date set as 30 April 2025
- Matter determined on papers without hearing
Factors
For
- CFMEU genuinely tried to reach agreement with Sarens
- Union had been and was genuinely trying to reach agreement (declaration by Kyle Sinclair)
- Notification time existed in relation to the proposed agreement
- All requirements under s.443(1) were satisfied
- Employer did not object to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
- Fair Work Act 2009 (Cth) s.443(3)(c)
- Fair Work Act 2009 (Cth) s.448A(2)
- Fair Work Act 2009 (Cth) s.448A
- Fair Work Act 2009 (Cth) s.468A
Concept tags · 3
Principles · 1
articulates para 4
A protected action ballot order under s.437 may be granted where all requirements under s.443(1) are satisfied, including genuine bargaining efforts and the existence of a notification time in relation to the proposed agreement.
Archived text (389 words)
1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Construction, Forestry and Maritime Employees Union v Sarens (Australia) Pty Ltd (B2025/623) DEPUTY PRESIDENT HAMPTON ADELAIDE, 11 APRIL 2025 Proposed protected action ballot of employees of Sarens (Australia) Pty Ltd [1] This is an application by the Construction, Forestry and Maritime Employees Union (CFMEU 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 Sarens (Australia) Pty Ltd (Sarens or Employer). [2] On 10 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application. [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Kyle Sinclair, Organiser, setting out the steps taken by the CFMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Sarens, 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. [5] 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. [6] 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 30 April 2025.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR786042. [8] 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 in the proposed enterprise agreement at the [2025] FWC 1028 DECISION [2025] FWC 1028 2 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 Printed by authority of the Commonwealth Government Printer <PR786043> 1 This is, in effect, 10 working days from the making of the Order and was the period consented to by the Applicant.