Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines

[2021] FWC 4996

[2021] FWC 4996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines
(B2021/654)

VICE PRESIDENT CATANZARITI SYDNEY, 12 AUGUST 2021

Proposed protected action ballot of employees of Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, Qld and NT Divisional Branch (the ETU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines (Respondent).

[2] On 11 August 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Robert Hill of the Applicant declared on 9 August 2021, 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.

[5] An Order has been separately issued in PR732795.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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