Application by Construction, Forestry, Mining and Energy Union
Cited 1×
Applicant: Construction, Forestry, Mining and Energy Union
Respondent: Carter Holt Harvey Woodproducts Australia Pty Ltd
Ratio
The Fair Work Commission was satisfied on the material before it, including statutory declaration evidence of genuine bargaining efforts by the union, that the requirements for a protected action ballot order under s.443(1) of the Fair Work Act 2009 had been met.
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
- Application made by Construction, Forestry, Mining and Energy Union under s.437 of the Fair Work Act 2009
- Respondent did not object to the application
- Matter determined on the papers without a hearing
- Applicant provided statutory declaration evidencing steps taken in bargaining and genuine attempts to reach agreement
Factors
For
- Statutory declaration evidence of bargaining steps taken by the applicant
- Evidence that the applicant had been, and was, genuinely trying to reach agreement with the respondent
- Respondent's lack of objection to the application
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s437
- Fair Work Act 2009 (Cth) s443(1)
Concept tags · 3
Archived text (239 words)
Application by Construction, Forestry, Mining and Energy Union [2016] FWC 881 (9 February 2016)
[2016] FWC 881
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.437
- Application for a protected action ballot order
Construction, Forestry, Mining and Energy Union
v
Carter Holt Harvey Woodproducts Australia Pty Ltd
(B2016/258)
DEPUTY PRESIDENT GOSTENCNIK
MELBOURNE, 9 FEBRUARY 2016
Proposed protected action ballot of employees of Carter Holt Harvey Woodproducts Australia Pty Ltd.
[1]
This is an application by 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 Carter Holt Harvey Woodproducts Australia Pty Ltd
(the Respondent).
[2]
On 8 February 2016 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 B Coates 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
PR576898
.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR576902>