Construction, Forestry, Maritime, Mining and Energy Union Northern Mining and NSW Energy District v Boggabri Coal Operations Pty Ltd

[2019] FWC 5065

[2019] FWC 5065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District
v
Boggabri Coal Operations Pty Ltd
(B2019/565)

VICE PRESIDENT CATANZARITI DARWIN, 19 JULY 2019

Proposed protected action ballot of employees of Boggabri Coal Operations Pty Ltd.

[1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union – Northern Mining and NSW Energy District (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Boggabri Coal Operations Pty Ltd (Respondent).

[2] On 19 July 2019, the Fair Work Commission was advised that the Respondent does 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 Jeffrey Drayton 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.

[5] An order has been separately issued in PR710538.

VICE PRESIDENT

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