Construction, Forestry, Mining and Energy Union v Southern Colliery Maintenance Pty Ltd

[2016] FWC 9073

[2016] FWC 9073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Southern Colliery Maintenance Pty Ltd
(B2016/1320)

DEPUTY PRESIDENT DEAN SYDNEY, 19 DECEMBER 2016

Proposed protected action ballot of employees of Southern Colliery Maintenance Pty Ltd.

[1] On 16 December 2016 the Construction, Forestry, Mining and Energy Union (the CFMEU) made an application for a protected action ballot order pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was made in respect of members of the CFMEU who are employees of Southern Colliery Maintenance Pty Ltd (the Respondent).

[2] The application was not opposed by the Respondent.

[3] The CFMEU has filed a statement of Mr Robert Timbs (District Vice President of the CFMEU) in support of the application.

[4] On the basis of the material before me, I am satisfied that there is a notification time in relation to the proposed agreement and that that the CFMEU has been, and is, genuinely trying to reach agreement with the Respondent.

[5] The CFMEU has specified, in accordance with s.437(4), that it seeks Mr James Simmonds to be the alternative agent to conduct the ballot. The Commission is satisfied of those matters in s.444 of the Act, specifically that Mr Simmonds is specified in the application and that he is a fit and proper person to conduct the ballot.

[6] In accordance with s.443(1) of the Act, the order sought by the CFMEU must be made. An order has been separately issued in PR588698.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR588697>