ORDER

Fair Work Act 2009
s.425 - Application to suspend protected industrial action, cooling off

Construction, Forestry, Mining and Energy Union
v
Oaky Creek Coal Pty Ltd
(B2018/96)

Application by the CFMEU to suspend protected industrial action, cooling off.

A. Having heard the evidence on behalf of the CFMEU that the employees covered by the Oaky Creek North Mine Enterprise Agreement 2012 wish to return to work;

B. Having heard the evidence on behalf of the CFMEU, that the CFMEU continues to support the in principle agreement reached before Deputy President Asbury on 10 January 2018 and would support a further vote on the in principle agreement before the end of a cooling off period;

C. Having heard the evidence of Oaky Creek Coal Pty Ltd that a return to work would require an initial return to work program involving relevant employees at the Oaky Creek complex during the cooling off period;

D. And the Fair Work Commission having formed the view on the evidence, that the dismantling of the picket line and the suspension of protected industrial action may represent a material change in circumstances since the vote on 24 January 2018, there should be a further vote on the in principle agreement within the next month, the Fair Work Commission determines the Application in B2018/96 as follows:

[1] This Order is binding on:

(a) the applicant, the Construction, Forestry, Mining and Energy Union (CFMEU);

(b) the respondent, Oaky Creek Coal Pty Ltd (Company); and

(c) the Employees.

[2] Any lockout of Employees notified by the Company, whether notified at the commencement of this Order or subsequent to it, in relation to the Proposed Agreement be suspended for a three (3) week period commencing at 6:00 am on Wednesday 7 March 2018 and ending at 6.00 am Wednesday 28 March 2018.

[3] The picket line at the entrance to the Mine be removed by Wednesday 28 February 2018, and not be replaced or resumed at any location for the duration of this Order.

[4] The further vote as proposed by the Fair Work Commission should take place on Tuesday, 27 March 2018.

[5] This Order commences operation on 24 February 2018 and remains in operation until 6.00 am Wednesday 28 March 2018.

[6] For the purposes of this order:

(a) “Act” means the Fair Work Act 2009 (Cth);

(b) “Employees” means each of the employees of the Company to whom the Oaky Creek North Mine Enterprise Agreement 2012 applies;

(c) “Mine” means the Oaky North Coal Mine.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer