Construction, Forestry, Maritime, Mining and Energy Union v Peabody CHPP Pty Ltd

[2022] FWC 840

[2022] FWC 840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Peabody CHPP Pty Ltd

(B2022/289)

VICE PRESIDENT CATANZARITI SYDNEY, 11 APRIL 2022

Proposed protected action ballot of employees of Peabody CHPP 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 Peabody CHPP Pty Ltd (Respondent).

1. On 11 April 2022, the Respondent advised that it did not wish to be heard in relation 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 Robert Timbs of the Applicant declared on 7 April 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 PR740281.

VICE PRESIDENT

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