Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Caelli Constructions (Vic) Pty Ltd (ACN 080 995 204) [2009] FCA 655
CONSTRUCTION FORESTRY MINING AND ENERGY UNION v CAELLI CONSTRUCTIONS (VIC) PTY LTD (ACN 080 995 204)
VID 432 of 2009
RYAN J
18 JUNE 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 432 of 2009
BETWEEN: CONSTRUCTION FORESTRY MINING AND ENERGY UNION
Applicant
AND: CAELLI CONSTRUCTIONS (VIC) PTY LTD (ACN 080 995 204)
Respondent
JUDGE: RYAN J
DATE OF ORDER: 18 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondent by its servants and agents refrain until after 29 June 2009 or further order from conducting a vote in accordance with s 340(2) of the Workplace Relations Act 1996 (Cth) in relation to an employee collective agreement. 2. There be a directions hearing on a date to be fixed being a date not earlier than 30 June 2009. 3. Liberty be reserved to either party to apply on not less than 48 hours notice in writing to the other party. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 432 of 2009
BETWEEN: CONSTRUCTION FORESTRY MINING AND ENERGY UNION
Applicant
AND: CAELLI CONSTRUCTIONS (VIC) PTY LTD (ACN 080 995 204)
Respondent
JUDGE: RYAN J
DATE: 18 JUNE 2009
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant ("the CFMEU") is an organisation of employees registered under the Workplace Relations Act 1996 (Cth) ("the Act"). Since 2005 the CFMEU and the respondent Caelli Constructions (Vic) Pty Ltd ("Caelli") have been parties to and bound by the Caelli Constructions (Vic) Pty Ltd t/as Caelli Constructions in the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008 ("the 2005 Agreement") the nominal expiry date of which was 31 March 2008. Late in 2008 the CFMEU commenced negotiations with Caelli with a view to reaching agreement on a new collective agreement to replace the 2005 Agreement. On 24 March 2009, the CFMEU applied to the Australian Industrial Relations Commission ("the Commission") for an order under s 451(2) of the Act for the conduct of a protected action ballot in relation to a bargaining period. That application was heard by the Commission between 26 March and 26 May 2009. The substantive hearings were conducted Watson SDP on 9 and 26 May 2009 and the background to the application is fully set out in his reasons for decision published on 4 June 2009: [2009] AIRC 543. In the result, the learned Senior Deputy President made orders for the conduct of a secret postal ballot to be conducted by the Australian Electoral Commission ("the AEC") in which the following questions would be posed to Caelli employees; 'For the purpose of supporting or advancing claims in respect of the proposed union collective agreement with your employer, do you endorse the following types of industrial action being taken by CFMEU members:
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