The secret ballot is a legislative requirement under the new laws, designed to ensure a free and fair opportunity is given to employees to decide on industrial action.

CFMEU national legal officer Alex Bukarica told International Longwall News the ballot process was both “unnecessary” and “a waste of time” because it relied on the premise that the union did not already have a strong sense of democracy.

“The union has a strong sense of rank and file and we already had the strong support of our members to deliver these things,” he said.

He said workers at the Xstrata mine called for union action after their employer would not budge on the terms for a replacement certified agreement.

Bukarica said it was a straightforward bargaining debate between the workers and their employer and the new laws had simply delayed breakdown negotiations and added expense to the process.

The protected action ballot of 102 employees at the Hunter Valley mine was held over the weekend, following an order by Australian Industrial Relations Commission vice-president Michael Lawler earlier this month.

The secret ballot contained five options for different kinds of industrial action and voters could tick more than one box to indicate support for a potentially escalating series of industrial tactics.

After three days of voting at the colliery site, ballot agent Errol Hodder declared the result yesterday showing more than 90% support for all five proposed options for industrial action.

Bukarica said under the Work Choices changes, a majority of more than 50% is required to authorise protected industrial action, which must be initiated within 30 days of the ballot declaration.

The ballot paper included five questions and asked workers if they “for the purpose of advancing claims in the negotiation of a union collective agreement between the CFMEU and United Collieries” would authorise industrial action in the form of:

24-hour stoppages of work (98% in favour);

Overtime bans (97% in favour);

Seven-day stoppages of work (90% in favour);

Two-hour stop-work meetings (96% in favour); and

Shift-length stoppages of work (97% in favour).

Bukarica said the quick result showed that even with the new laws in place, the union was not afraid of democracy and it was still possible for unions to get on with their business.

He said industrial action would begin within the 30-day timeframe unless an agreement was reached with the employer.

“The employer can be certain something will happen soon, but the ball is still in their court,” he said.