Construction, Forestry, Maritime, Mining and Energy Union v Clarence Coal Pty Limited

[2022] FWC 3213

[2022] FWC 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Clarence Coal Pty Limited

(B2022/1787)

VICE PRESIDENT CATANZARITI MELBOURNE, 6 DECEMBER 2022

Proposed protected action ballot of employees of Clarence Coal Pty Limited

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (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 Clarence Coal Pty Limited (Respondent).

1. The Respondent neither opposed nor consented to the application.

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

1. On the basis of the material before me, including the statutory declaration of Graeme Osborne of the Applicant declared on 1 December 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.

1. An Order has been separately issued in PR748625.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748626>