Construction, Forestry, Maritime, Mining and Energy Union v Maules Creek Coal Pty Ltd T/A Maules Creek Open Cut Mine

[2023] FWC 864

[2023] FWC 864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Maules Creek Coal Pty Ltd T/A Maules Creek Open Cut Mine

(B2023/328)

VICE PRESIDENT CATANZARITI SYDNEY, 11 APRIL 2023

Proposed protected action ballot of employees of Maules Creek Coal Pty Ltd T/A Maules Creek Open Cut Mine

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 Maules Creek Coal Pty Ltd (Respondent).

1. On 11 April 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 Jeremy McWilliams of the Applicant declared on 6 April 2023, 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 PR761011.

VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer

<PR761012>