Application by Construction, Forestry, Mining and Energy Union

[2016] FWC 100 Fair Work Commission 2016-01-01 cited 1×

Source

Cited 1×

Applicant: Construction, Forestry, Mining and Energy Union

Respondent: O'Brien Glass Industries Ltd

Ratio

The application for a protected action ballot order under s.437 of the Fair Work Act was granted because the union satisfied the statutory requirements under s.443(1), which include evidence of genuine attempts to reach agreement with the employer and proper bargaining steps.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

The Applicant union took steps in bargaining with the Respondent
The Applicant has been genuinely trying to reach agreement with the Respondent
The Respondent did not object to the application
The application was determined on papers without a hearing

Factors

For

Statutory declaration evidence of genuine bargaining attempts
Steps taken in bargaining with the employer
No objection from the respondent employer

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.437
Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 2

[P]Protected action ballot order [S]Good faith bargaining

Archived text (225 words)

Application by Construction, Forestry, Mining and Energy Union [2016] FWC 100 (6 January 2016) [2016] FWC 100 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action Construction, Forestry, Mining and Energy Union v O’Brien Glass Industries Ltd (B2015/1694) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 JANUARY 2016 Proposed protected action ballot of employees of O’Brien Glass Industries Limited. [1] This is an application by the Construction, Forestry, Mining and Energy Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of O’Brien Glass Industries Ltd (the Respondent). [2] On 9 December 2015 my associate was advised that the Respondent did not object to the application. [3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing. [4] On the basis of the material before me, including the statutory declaration of Mr J. Tucker of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met. [5] An order has been separately issued in PR575873 . DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR575872>