INDUSTRIAL ACTION – order against industrial action – ss.414, 418 Fair Work Act 2009 – application by Mangoola for order that planned industrial action stop and not be organised by CFMEU – employees who work at Mangoola open cut mine (Mine) are covered by Mangoola Coal Greenfields Enterprise Agreement 2010 – Agreement passed nominal expiry date – protected action ballot order made 22 March 2017 in relation to employees at Mine – ballot conducted 13 April 2017 and results declared – various forms of industrial action authorised by majority of relevant employees – on 15 May 2017 CFMEU gave Mangoola written notice of intention of members of CFMEU who are employed by Mangoola at Mine to take protected industrial action (Notice) – Notice stated industrial action would be taken in form of ‘four stoppages of work each of two hours in duration that may be consecutive’ for each of seven consecutive days – whether Notice satisfies requirements of s.414(6) FW Act – EnergyAustralia Yallourn P/L v CFMEU considered – Mine Operations Manager gave evidence of safety related risks that would arise at Mine if work stoppages were undertaken – Commission not satisfied Notice ‘specifies the nature of the action’ within meaning of s.414(6) – held Notice did not give Mangoola opportunity to take appropriate defensive action, particularly to deal with safety risks – in order to prepare for all eventualities contemplated by Notice, Mangoola would have to plan on the basis that stoppages of work would take place during each of the three shifts (or parts of shifts) on each day the subject of the Notice, for between two and eight hours on each occasion, by CFMEU members in each Department across the Mine – Alcoa considered – Commission held in the particular practical applied circumstances of workplace at Mine, Notice would satisfy requirements of s.414(6) if it specified commencement time(s) of proposed action on each day specified in Notice – satisfied in particular circumstances of this case that in specifying ‘nature of the action’, it is necessary in context of action proposed by Notice to specify commencement time(s) of proposed action – held Notice did not satisfy requirements of s.414(6) – as a result, proposed action the subject of the Notice does not meet common requirements for industrial action to be ‘protected industrial action’ – it follows that Commission must make an order pursuant to s.418 FW Act that industrial action stop and not be organised – order made. Mangoola Coal Operations P/L v Construction, Forestry, Mining and Energy Union
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