[2025] FWC 748

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Mining and Energy Union

The Cornwall Coal Company Pty Limited T/A Cement Australia - Cornwall

Proposed protected action ballot of employees of the Cornwall Coal Company Pty Limited T/A Cement Australia - Cornwall

• [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Mining and Energy Union (MEU)[1] **(**collectively the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Cornwall Coal Company Pty Limited trading as Cement Australia - Cornwall (Cement Australia or Employer).

• [2] On 14 March 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

• [3] Having given notice to the parties about some statutory concerns in relation to one aspect of the ballot questions in clause 5, I have without objection, deleted one of the sub-questions.

• [4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declarations of Stephen Smyth, MEU Union Official and Chris Clark, CEPU Tas State Secretary, setting out the steps taken collectively by the Applicants in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Cement Australia, 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.

• [6] The ballot is to be conducted by The Australian Electoral Commission (AEC).

• [7] 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 2 May 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR785245.

• [9] 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 conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[2] This is, in effect 30 working days from the date of the order and was the period sought in the application.

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