Construction, Forestry, Maritime, Mining and Energy Union v UGM Mining Services Pty Ltd BIS Industries Limited

[2022] FWC 1777

[2022] FWC 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

UGM Mining Services Pty Ltd
BIS Industries Limited

(B2022/651)

VICE PRESIDENT CATANZARITI SYDNEY, 8 JULY 2022

Proposed protected action ballot of employees of UGM Mining Services Pty Ltd & BIS Industries Limited

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union Northern Mining and NSW Energy District (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 UGM Mining Services Pty Ltd and BIS Industries Limited (Respondents).

1. The Respondents neither consented nor objected 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 Keenon Endacott of the Applicant declared on 6 July 2022, setting out the steps taken by it in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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 PR743583.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR743584>