Association of Professional Engineers, Scientists and Managers, Australia, The v Carborough Downs Coal Management Pty Ltd

[2013] FWC 4922

[2013] FWC 4922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.236 - Application for a majority support determination

Association of Professional Engineers, Scientists and Managers, Australia, The
v
Carborough Downs Coal Management Pty Ltd
(B2013/990)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 23 JULY 2013

Majority support determination.

[1] An application for a majority support determination in relation to employees of Carborough Downs Coal Management Pty Ltd was made to the Fair Work Commission by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) on 26 June 2013.

[2] The matter was set down for hearing on 22 July 2013. Correspondence from the company representative Mr Mick Nash, sent via an email to APESMA on 17 July 2013, indicated that the company did not propose to contest the application.

[3] I made the decision to determine the matter on the papers based on the evidence supplied by APESMA and on the company’s decision not to contest the application.

[4] I am satisfied, based on the evidence before me, that the relevant requirements of s.236 and s.237 of the Fair Work Act 2009 have been met and I propose to issue the determination.

[5] APESMA has requested that attachment KH-2 to Ms Harper’s witness statement be marked as confidential.

[6] I hereby order that attachment KH-2 be retained in the file in a sealed envelope and to be marked Confidential.

SENIOR DEPUTY PRESIDENT

Hearing details:

Sydney

2013

22 July

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