Construction, Forestry, Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd German Creek Coal Mine

[2016] FWC 5091

[2016] FWC 5091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Mining and Energy Union
v
Anglo Coal (Capcoal Management) Pty Ltd - German Creek Coal Mine
(B2016/819)

COMMISSIONER SPENCER BRISBANE, 27 JULY 2016

Proposed protected action ballot of employees of Anglo Coal (Capcoal Management) Pty Ltd - German Creek Coal Mine.

[1] On 25 July 2016, the Construction, Forestry, Mining and Energy Union (the CFMEU) made an application for a protected action ballot order in relation to a group of employees of Anglo Coal (Capcoal Management) Pty Ltd (the Employer) employed at the German Creek Coal Mine.

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (the Commission).

[4] The employees to be balloted are presently covered by the Capcoal Surface Operations Union Collective Agreement (the Agreement). The nominal expiry date of the Agreement is 4 April 2014.

[5] On 26 July 2016, the Employer’s representative confirmed the Employer’s position in writing that it did not object to the Order being issued, in the terms of the Amended Order provided by the Applicant.

[6] On 27 July 2016, Mr. Errol Hodder, the CFMEU’s nominated protected action ballot agent, filed an unsworn affidavit at the Commission and served a copy on the CFMEU and the Employer. The Commission is satisfied that the requirements of s.444(1) of the Act have been met.

[7] The Commission is satisfied that the requirements of s.443(1) of the Act have been met. Accordingly, an Order [PR583390] and Directions [PR583395] will be made.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR583391>