Construction, Forestry, Maritime, Mining and Energy Union v United Wambo Open Cut Pty Ltd

[2022] FWC 2193

[2022] FWC 2193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

United Wambo Open Cut Pty Ltd

(B2022/1238)

VICE PRESIDENT CATANZARITI SYDNEY, 18 AUGUST 2022

Proposed protected action ballot of employees of United Wambo Open Cut Pty Ltd

1. This is an application by the Construction, Forestry, Maritime, Mining and Energy Union - Northern Mining & 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 United Wambo Open Cut Pty Ltd (Respondent).

1. The Respondent 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 Michael Taggart of the Applicant declared on 16 August 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 PR744912.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744913>