Construction, Forestry, Mining and Energy Union v Liddell Collieries Pty Limited

[2013] FWC 8065

[2013] FWC 8065

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
v
Liddell Collieries Pty Limited
(B2013/246)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 15 OCTOBER 2013

Proposed protected action ballot by employees of Liddell Collieries Pty Limited.

[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 Liddell Collieries (the Employer).

[2] The Employer advised that it does not oppose the application. I have relied upon the content of a witness statement of Mr Shane Thompson, the Vice President of the CFMEU Mining and Energy Division, Northern Mining and 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 [PR543258] 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. 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 [PR543273].

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543274>