Construction, Forestry, Mining and Energy Union v Leighton Contractors Pty Ltd

[2014] FWC 4798

[2014] FWC 4798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Leighton Contractors Pty Ltd
(B2014/160)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 17 JULY 2014

Proposed protected action ballot of employees of Leighton Contractors 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 Leighton Contractors Pty Ltd engaged at the Duralie Mine.

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Jeremy McWilliams, Vice President of the Northern Mining and New South Wales Energy District of the Mining and Energy Division of the CFMEU, providing 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 [PR553245] based on the draft order provided by the CFMEU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

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<Price code A, PR553244>