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

[2014] FWC 4008

[2014] FWC 4008

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 (Moranbah North Management) Pty Ltd
(B2014/869)

DEPUTY PRESIDENT ASBURY BRISBANE, 17 JUNE 2014

Proposed protected action ballot by employees of Anglo Coal (Moranbah North Management) Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU seeks a protected action ballot order in relation to certain employees of Anglo Coal (Moranbah North Management) Pty Ltd (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] On the basis of the submissions of the CFMEU and a sworn statement made by Mr Chris Brodsky, District Vice President of the CFMEU, 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 [PR552120] based on the draft provided by the CFMEU will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR552115>