Construction, Forestry, Maritime, Mining and Energy Union v RTL Mining and Earthworks Pty Ltd

[2022] FWC 598

[2022] FWC 598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union

v

RTL Mining and Earthworks Pty Ltd

(B2022/202)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 MARCH 2022

Proposed protected action ballot of employees of RTL Mining and Earthworks 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 (Act) for a protected action ballot order in relation to certain employees of RTL Mining and Earthworks Pty Ltd (the Respondent).

1. On 16 March 2022, my Associate was advised that the Respondent objected to the application. However, on 17 March 2022, the parties were able to reach a consent position.

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 declaration of Mr Mark Richards of the Applicant 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 PR739414.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739413>