Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 882 Fair Work Commission 2016-01-01 cited 1×

Source

Cited 1×

Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)

Respondent: Carter Holt Harvey Woodproducts Australia Pty Ltd

Ratio

A protected action ballot order was granted where the union satisfied the requirements of s.443(1) by providing evidence that it had been genuinely trying to reach agreement with the respondent company through bargaining steps, with no objection from the respondent.

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 · 5

Application made under s.437 for a protected action ballot order
Application relates to employees of Carter Holt Harvey Woodproducts Australia Pty Ltd
Respondent did not object to the application
Matter determined on the papers without hearing
Applicant union provided statutory declaration of Mr P Bauer setting out bargaining steps taken and genuine attempts to reach agreement

Factors

For

Union provided statutory declaration evidencing genuine bargaining steps taken with the company
Union demonstrated it was genuinely trying to reach agreement with the respondent
Respondent did not object to the application

Against

Legislation referenced

Fair Work Act 2009 (Cth) s437
Fair Work Act 2009 (Cth) s443(1)

Concept tags · 3

[P]Protected action ballot order [S]Good faith bargaining [S]Standing to bring application

Archived text (272 words)

Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2016] FWC 882 (9 February 2016) [2016] FWC 882 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Carter Holt Harvey Woodproducts Australia Pty Ltd (B2016/261) 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 P Bauer 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 PR576903 . DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR576904>