Construction, Forestry, Mining and Energy Union v Anglo Coal (Grasstree Management) Pty Ltd

[2012] FWA 7929

[2012] FWA 7929

FAIR WORK AUSTRALIA

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Anglo Coal (Grasstree Management) Pty Ltd
(B2012/1585)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Anglo Coal (Grasstree Management) Pty Ltd
(B2012/1586)

COMMISSIONER SPENCER BRISBANE, 13 SEPTEMBER 2012

Proposed protected action ballot by employees of the Anglo Coal Grasstree mine.

[1] This decision concerns applications made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and Construction, Forestry, Mining and Energy Union (the CFMEU), together the Applicants. The Applicants seek a protected action ballot order in relation to certain employees of Anglo Coal (Grasstree Management) Pty Ltd (the Employer).

[2] The Employer has advised in writing that it does not oppose the applications.

[3] In the circumstances a hearing is not necessary and the matter is to be determined on the papers.

[4] Witness statements were received from Mr Chris Brodsky, District Vice President for the CFMEU, Mining and Energy Division, Queensland District, and Mr Aaron Smith, Delegate for the CEPU, Electrical Division, Queensland & Northern Territory Divisional Branch).

[5] On the basis of this material I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an Order must be made. An Order based upon the draft Order of each Applicant (save to minor proofing issues) will issue in each matter separately.

[6] The Applicants have specified, in accordance with s.437(4), that they seek Mr Errol Hodder to be the alternative agent to conduct these ballots. The Tribunal is satisfied of those matters in s.444 of the Act specifically that Mr Hodder is specified in both applications and that he is a fit and proper person to conduct the ballot. The Applicants have also sought that Fair Work Australia issue certain Directions to the Mr Hodder as the Ballot Agent. In the circumstances it is appropriate to issue such Directions.

COMMISSIONER

Hearing details:

On the papers.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529123>