Association of Professional Engineers, Scientists and Managers, Australia, the Managers and Professionals Division v Illawarra Coal Holdings Pty Limited T/A Appin Mine

[2023] FWC 1240

[2023] FWC 1240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia, The - Managers and Professionals Division
v

Illawarra Coal Holdings Pty Limited T/A Appin Mine

(B2023/494)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 MAY 2023

Proposed protected action ballot of employees of Illawarra Coal Holdings Pty Limited

1. This is an application by the Association of Professional Engineers, Scientists and Managers, Australia - Managers and Professionals Division (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Illawarra Coal Holdings Pty Limited T/A Appin Mine (Respondent).

1. On 26 May 2023, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Ms  Giblin of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR762538.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR762537>