Construction, Forestry, Mining and Energy Union v Beltana Highwall Mining Pty Ltd

[2014] FWC 934

[2014] FWC 934

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Beltana Highwall Mining Pty Ltd
(B2014/20)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 6 FEBRUARY 2014

Proposed protected action ballot by employees of Beltana Highwall Mining Pty Ltd.

[1] This is 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 Beltana Highwall Mining Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have relied upon the witness statement of Mr Jeffrey Drayton, the Vice President of the CFMEU Northern Mining and New South Wales Energy District of the Mining and Energy Division, which provides information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR547546] based on the draft order provided by the CFMEU will be issued in conjunction with this decision.

[4] Pursuant to s.449(1)(a) of the Act, the protected action ballot must be conducted by Mr Errol Hodder. I rely upon the witness statement of Mr Hodder, which deals with matters relevant to s.444 of the Act. Directions relating to the conduct of the protected action ballot dealing with the matters listed in s.450(2) are also issued in conjunction with this decision [PR547541].

SENIOR DEPUTY PRESIDENT

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<Price code A, PR547540>