Mining and Energy Union v Batchfire Callide Management Pty Ltd

[2024] FWC 1809 Fair Work Commission 2024-01-01

Source

Deputy President Lake

Not yet cited by other cases

Applicant: Mining and Energy Union

Respondent: Batchfire Callide Management Pty Ltd

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Concept tags · 6

[P]Protected action ballot order [P]Protected industrial action [S]Good faith bargaining [S]Conciliation and arbitration powers [S]Declaration [S]Mining / resources sector

Cases cited in this decision · 1

Cited

[2023] FWC 1400 — Application for approval as an eligible protected action ballot agent...

"…onciliation conference and issue the Order requiring attendance for conference. [2024] FWC 1809 DECISION [2024] FWC 1809 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR776871> 1...…"

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Archived text (344 words)

1 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. [2] 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. [3] In light of the above circumstances, I have decided to determine the matter on the papers. [4] 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. [5] 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. [6] An Order has been separately issued in PR776872. [7] I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference. [2024] FWC 1809 DECISION [2024] FWC 1809 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR776871> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400