Construction, Forestry, Mining and Energy Union v Delta Mining Pty Ltd
[2011] FWA 7162
•19 OCTOBER 2011
[2011] FWA 7162 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
Construction, Forestry, Mining and Energy Union
v
Delta Mining Pty Ltd
(B2011/268)
COMMISSIONER ROBERTS | SYDNEY, 19 OCTOBER 2011 |
Proposed protected action ballot by employees of Delta Mining Pty Ltd.
[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (the CFMEU) made on 17 October 2011 for a protected action ballot order in relation its members employed by Delta Mining Pty Ltd (the Company) in the south western district, NSW.
[2] On 18 October 2011 Ms C Milani, the Company’s Human Resources Manager, advised my office that the Company does not oppose the CFMEU’s application. In the circumstances, I have decided to determine the application on the papers.
[3] Appended to the CFMEU’s application is a witness statement of Mr T Mewett, a CFMEU member employed by the Company in its Appin West Underground Colliery, which sets out the history of negotiations between the CFMEU, its members and the Company. On the materials before me, I am satisfied that the application has been made in accordance with s.437 of the Act and that the requirements in s.443 of the Act have been met. Accordingly, the Order sought by the CFMEU must be made.
[4] The CFMEU has in its application nominated Mr Errol Hodder as the protected action ballot agent. Pursuant to s.444 of the Act I am satisfied that Mr Hodder is a fit and proper person to conduct the ballot and that all other requirements prescribed by the Fair Work Regulations 2009 (3.11) have been met.
[5] The order will be issued separately following this decision.
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