Construction, Forestry, Mining and Energy Union v Bulga Coal Management Pty Limited

[2013] FWC 8323

[2013] FWC 8323

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Bulga Coal Management Pty Limited
(B2013/245)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 23 OCTOBER 2013

Proposed protected action ballot by employees of Bulga Coal Management 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 Bulga Coal Management Pty Limited (the Employer).

[2] The Employer advised that it does not oppose the application. I have relied upon the witness statement of Mr Keenon Endacott, an Industrial Research Officer for the CFMEU Mining and Energy Division, Northern Mining & NSW Energy District, 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 [PR543634] based on the amended 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 and Mr James Simmonds. 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 [PR543633].

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543673>