Application by Construction, Forestry, Mining and Energy Union Summary

[2014] FWC 3966

DECISION

Fair Work Act 2009
s.437—Protected action
Construction, Forestry, Mining and Energy Union
v
Dendrobium Coal Pty Ltd
(B2014/119)
SENIOR DEPUTY PRESIDENT HARRISON	BRISBANE, 16 JUNE 2014

Proposed protected action ballot by employees of Dendrobium Coal Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU seeks a protected action ballot order in relation to certain employees of Dendrobium Coal Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR552052] based on the draft order provided by the CFMEU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order in relation to certain employees of Dendrobium Coal Pty Ltd. The union's application was not opposed by the employer, which facilitated a straightforward determination of the case.

The primary legal issue was whether the requirements of the Fair Work Act, particularly section 443, had been satisfied to permit the protected action ballot. The court needed to assess whether the application met the statutory criteria, ensuring that the proposed industrial action was legitimate and appropriately justified under the Act.

The Senior Deputy President, Harrison, determined the application on the papers submitted, as no hearing was necessary due to the employer's lack of opposition. The court found that all relevant statutory requirements were fulfilled, leading to the conclusion that an order for the protected action ballot should be made. The decision was issued alongside an order, as outlined in the draft provided by the CFMEU.

The final orders included granting the CFMEU's application for a protected action ballot, allowing the union to proceed with the proposed industrial action as per the terms outlined in the associated draft order.

Application by Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established