Mining and Energy Union v Anglo Coal (Moranbah North Management) Pty Ltd

[2023] FWC 3376

[2023] FWC 3376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Mining and Energy Union
v

Anglo Coal (Moranbah North Management) Pty Ltd

(B2023/1370)

DEPUTY PRESIDENT HAMPTON MELBOURNE, 15 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/1148.

1. This matter concerns the declaration of the result of a protected action ballot (PR767540) held in matter B2023/1148 and declared on 17 November 2023.

1. The Mining and Energy Union (MEU or Applicant) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

1. The original protected action ballot order was made while the MEU was a part of the Construction Forestry Mining Maritime and Energy Union (CFMMEU). The MEU withdrew from the CFMMEU on 1 December 2023. In accordance with section 115 of the Fair Work (Registered Organisations) Act 2009 (Cth), the MEU has been substituted for the purposes of this decision.

1. Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b)     the period has not previously been extended.”

1. The application made by the MEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. Anglo Coal (Moranbah North Management) Pty Ltd (Anglo Coal) has not advised the Commission of any objection to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible MEU members employed by Anglo Coal be extended by a further 30 days.

1. This order will operate on and from 15 December 2023.

DEPUTY PRESIDENT

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