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

[2021] FWC 3926

[2021] FWC 3926

FAIR WORK COMMISSION

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

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