Construction, Forestry, Mining and Energy Union v Dendrobium Coal Pty Ltd

[2015] FWC 5191

[2015] FWC 5191

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Dendrobium Coal Pty Ltd
(B2015/649)

COMMISSIONER JOHNS PERTH, 29 JULY 2015

Proposed protected action ballot of employees of Dendrobium Coal Pty Ltd.

[1] On 28 July 2015, the Construction, Forestry, Mining and Energy Union (CFMEU) made an application for a protected action ballot order in relation to a group of employees of Dendrobium Coal Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Dendrobium Mine Enterprise Agreement 2010 (Agreement). The nominal expiry date of the Agreement is 1 April 2014.

[5] On 29 July 2015, the Employer confirmed in writing that it did not object to the Order being issued.

[6] On 29 July 2015, Mr. Errol Hodder, the CFMEU’s nominated protected action ballot agent, filed an affidavit at the Commission. The Commission is satisfied that the requirements of s.444(1) of the Act have been met.

[7] The Commission is satisfied that the requirements of s.443(1) of the Act have been met. Accordingly, an Order [PR569947] and Directions [PR569969] will be made.

COMMISSIONER

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<Print Code C, PR569968>