Mining and Energy Union v Batchfire Callide Management Pty Ltd

Case •

[2024] FWC 1809

•

10 JULY 2024
[2024] FWC 1809

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.437—Protected action

Mining and Energy Union
v

Batchfire Callide Management Pty Ltd

(B2024/865)

DEPUTY PRESIDENT LAKE

BRISBANE, 10 JULY 2024

Proposed protected action ballot of employees of Batchfire Callide Management Pty Ltd

  1. On 8 July 2024, Mining and Energy Union (MEU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Batchfire Callide Management Pty Ltd (Batchfire Callide Management Pty Ltd).  Batchfire Callide Management Pty Ltd raised contentions with the protected action ballot order.

  1. On 9 July 2024, the Commission was advised by Batchfire Callide Management Pty Ltd that there were no longer contentions with the protection action ballot order subject to a few amendments. The MEU provided an amended protected ballot action order to Chambers.

  1. In light of the above circumstances, I have decided to determine the matter on the papers.  

  1. I am satisfied with the declaration of Mr Mitch Hughes, MEU District President demonstrates the steps taken by the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement. I am satisfied with the notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

  1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot. [1] For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order (24 July 2024) has been set.

  1. An Order has been separately issued in PR776872.

  1. I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.

DEPUTY PRESIDENT


[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

<PR776871>

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