Mining and Energy Union v Flyash Australia Pty Limited T/A Flyash Australia Pty Limited

[2024] FWC 1377

[2024] FWC 1377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Mining and Energy Union
v

Flyash Australia Pty Limited T/A Flyash Australia Pty Limited

(B2024/579)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 27 MAY 2024

Proposed protected action ballot of employees of Flyash Australia Pty Limited

1. This is an application by the Mining and Energy Union (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 Flyash Australia Pty Ltd (Flyash or Employer).

1. On 27 May 2024, the Commission was advised that the Employer did not, in effect, 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 Matthew Howard, District Vice President, 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 Flyash, 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 9 July 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775362.

1. The s.448A compulsory conciliation conference will be held at the Fair Work Commission in Newcastle at 10am on 17 June 2024.

DEPUTY PRESIDENT

[1] This is, in effect, thirty (30) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

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