Construction, Forestry, Maritime, Mining and Energy Union v Centennial Myuna Pty Limited Summary

[2022] FWC 1253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Centennial Myuna Pty Limited

(B2022/440)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 MAY 2022

Proposed protected action ballot of employees of Centennial Myuna Pty Limited

This is an application by the Construction, Forestry, Maritime, Mining and Energy Union Union Northern Mining & NSW Energy District (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 Centennial Myuna Pty Limited (Respondent).

The Respondent neither consented to nor opposed the application.

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

On the basis of the material before me, including the statutory declaration of Jeremy McWilliams of the Applicant declared on 13 May 2022 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.

An Order has been separately issued in PR741858.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union Union Northern Mining & NSW Energy District (Applicant) applied for an order under section 437 of the Fair Work Act 2009 to conduct a protected action ballot of certain employees of Centennial Myuna Pty Limited (Respondent). The Respondent neither consented to nor opposed the application. The matter was determined on the papers without a hearing.

The primary legal issue before the Commission was whether the conditions for a protected action ballot, as outlined in section 437 of the Act, were satisfied. This included determining whether the Applicant had genuinely tried to reach agreement with the Respondent and if the statutory notification period for the proposed agreement had been met.

The Commission found that the Applicant had indeed taken the necessary steps to negotiate with the Respondent and had been genuinely attempting to reach an agreement. The statutory declaration provided by Jeremy McWilliams of the Applicant confirmed these efforts. The Commission was satisfied that the notification period for the proposed agreement had been observed, and the requirements of section 443(1) of the Act were fulfilled. Consequently, the application was successful.

An Order was issued, permitting the Applicant to proceed with the protected action ballot as requested.

Construction, Forestry, Maritime, Mining and Energy Union v Centennial Myuna Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established