Mining and Energy Union v Bulga Coal Management Pty Limited

[2024] FWC 2902

[2024] FWC 2902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mining and Energy Union
v

Bulga Coal Management Pty Limited

(B2024/1368)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 OCTOBER 2024

Proposed protected action ballot of employees of Bulga Coal Management Pty Limited 

1. This is an application by the Mining and Energy Union acting through its Northern Mining and NSW Energy District Branch (MEU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bulga Coal Management Pty Limited (Bulga Coal or Employer). 

1. On 18 October 2024, the Commission was advised that the Employer, in effect, did not object to the Application. 

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing. 

1. On the basis of the material before me, including the declaration of Chad Hanson, District Vice President of the MEU, setting out the steps taken by the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Bulga Coal, I am satisfied that there is a 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 Australian Electoral Commission (AEC).

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 2 December 2024. Although in its application the MEU sought a ballot period of 20 working days, the period set by the Commission is, in effect, 30 working days from the date of the Order. This is the minimum period required by the AEC to conduct a ballot of this kind. The date as determined also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. An Order has been separately issued in PR780403.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR780404>