Construction, Forestry, Mining and Energy Union v Rio Tinto Coal Australia Pty Limited T/A the Blair Athol Coal Project
[2012] FWA 9078
•24 OCTOBER 2012
[2012] FWA 9078 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Construction, Forestry, Mining and Energy Union
v
Rio Tinto Coal Australia Pty Limited T/A the Blair Athol Coal Project
(B2012/1719)
COMMISSIONER SPENCER | BRISBANE, 24 OCTOBER 2012 |
Proposed protected action ballot by employees of Rio Tinto Coal T/A the Blair Athol Coal Project.
[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (the CFMEU). The CFMEU seeks a protected action ballot order in relation to certain employees of Rio Tinto Coal T/A the Blair Athol Coal Project (the Employer).
[2] The Employer has advised in writing that it does not oppose the application.
[3] In the circumstances a hearing is not necessary and the matter is to be determined on the papers.
[4] A witness statement was received from Mr Glenn Power, District Vice President for the CFMEU, Mining and Energy Division, Queensland District.
[5] On the basis of this material I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an Order must be made. An Order based upon the draft Order of the CFMEU (save to minor proofing issues and an agreed amendment) will issue separately.
[6] The CFMEU has specified, in accordance with s.437(4), that it seeks Mr Errol Hodder to be the alternative agent to conduct the ballots. The Tribunal is satisfied of those matters in s.444 of the Act, specifically that Mr Hodder is specified in the application and that he is a fit and proper person to conduct the ballot. The CFMEU has also sought that Fair Work Australia issue certain Directions to Mr Hodder as the Ballot Agent. In the circumstances it is appropriate to issue such Directions.
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Hearing details:
On the papers
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