Construction, Forestry, Maritime, Mining and Energy Union v Austar Coal Mine Pty Ltd T/A Austar Coal Mine

[2018] FWC 5926

[2018] FWC 5926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

Austar Coal Mine Pty Ltd T/A Austar Coal Mine

(B2018/810)

COMMISSIONER SAUNDERS NEWCASTLE, 20 SEPTEMBER 2018

Proposed protected action ballot of employees of Austar Coal Mine Pty Ltd.

1. The Construction, Forestry, Maritime, Mining and Energy Union (Applicant) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Austar Coal Mine Pty Ltd T/A Austar Coal Mine (Respondent).

1. On 20 September 2018, a hearing was conducted at the Fair Work Commission in Newcastle. At that hearing, the Respondent informed me that on the basis of undertakings it had received from the Applicant the Respondent did not object to the application or the orders sought.

1. On the basis of the material before me, including the statutory declaration of Mr Jeremy McWilliams 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. Accordingly, I will make a protected action ballot order in the terms sought by the Applicant.

1. An order will be separately issued in PR700714.

COMMISSIONER

Appearances:

J Short on behalf of the Applicant

T Sebbens, Solicitor for the Respondent

Hearing details:

2018.

Newcastle:

20 September.

Printed by authority of the Commonwealth Government Printer

<PR700713>