DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Helensburgh Coal Pty Ltd
(B2021/508)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 JULY 2021

Proposed protected action ballot of employees of Helensburgh Coal Pty Ltd.

[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 Helensburgh Coal Pty Ltd (Respondent).

[2] On 5 July, 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 Timbs of the Applicant declared on 7 July 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 PR731390.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and Helensburgh Coal Pty Ltd. The dispute centred around a proposed ballot for protected industrial action by employees of Helensburgh Coal. The Fair Work Commission had issued a certificate under section 510 of the Fair Work Act 2009, allowing the employees to conduct a protected action ballot. Helensburgh Coal challenged the validity of this certificate, arguing that the ballot was not appropriately authorised under the Act. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the Fair Work Commission had the authority to issue a certificate for a protected action ballot in the circumstances presented. Helensburgh Coal contended that the Commission had not correctly applied the statutory criteria for issuing such a certificate. The court had to determine whether the Commission's decision was lawful and if the certificate was appropriately issued according to the provisions of the Fair Work Act.

In examining the matter, the court reviewed the statutory framework and the Commission's decision-making process. The court assessed whether the Commission had correctly interpreted and applied the relevant provisions of the Act. It found that the Commission had indeed followed the appropriate legal principles and had correctly authorised the ballot. The court held that the certificate was valid, and the Commission's decision was consistent with the requirements of the Fair Work Act. Consequently, the court dismissed Helensburgh Coal's challenge to the certificate.

The court's decision affirmed the validity of the certificate issued by the Fair Work Commission, allowing the employees to proceed with the ballot for protected industrial action. The court's ruling provided clarity on the application of the relevant statutory provisions and reinforced the authority of the Commission in such matters.

Construction, Forestry, Maritime, Mining and Energy Union v Helensburgh Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established