Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia — Benchmark

Ratio

The FWC must make a protected action ballot order under s.443(1) of the Fair Work Act 2009 where an application has been made and the FWC is satisfied that each applicant has been and is genuinely trying to reach an agreement with the employer. The CEPU established these requirements through statutory declaration and the respondent did not oppose the order.

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 CEPU on 21 June 2016 pursuant to s.437 of the Fair Work Act 2009
Application related to proposed enterprise agreement and protected action ballot of employees of Carter Holt Harvey Woodproducts Australia Pty Limited
Respondent did not oppose the making of the order
CEPU demonstrated compliance with s.443(1) requirements via statutory declaration by Damian King, CEPU Official

Factors

For

CEPU demonstrated genuine attempts to reach agreement through statutory declaration
Respondent did not oppose the application
Application met all statutory requirements of s.443(1)

Against

Legislation referenced

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

Concept tags · 4

[P]Protected action ballot order [P]Protected industrial action [S]Enterprise agreement approval [S]Good faith bargaining

Principles · 1

articulates para 3

The FWC must make a protected action ballot order in relation to a proposed enterprise agreement where an application has been made under s.437 and the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

Test: s.443(1) test for protected action ballot order

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2014] FCAFC 8 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union	Federal Court — Full Court	2014-02-19	Against applicant	2	5
[2009] FWAFB 368 Total Marine Services Pty Ltd v Maritime Union of Australia	FWAFB	2009-10-09	Resolved	2	25
[2011] FWAFB 4809 Mornington Peninsula Shire Council v Australian Nursing Federation	FWAFB	2011-07-22	Against applicant	2	6
[2014] FCA 1119 Ambulance Victoria v United Voice (includes Corrigendum dated 18 November 2014)	Federal Court	2014-10-17	Resolved	2	4
[2025] FWCFB 264 The Association of Professional Engineers, Scientists and Managers,...	FWC — Full Bench	2025-11-20		2	0
[2024] FWCFB 46 Australian Rail, Tram and Bus Industry Union (139V) v Pacific National...	FWC — Full Bench	2024-02-05		2	0
[2023] FWCFB 134 Communications, Electrical, Electronic, Energy, Information, Postal,...	FWC — Full Bench	2023-08-04		2	0
[2023] FWCFB 11 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2023-01-19		2	0
[2022] FWCFB 240 Transport Workers' Union of Australia (179V) v Cleanaway Operations Pty Ltd	FWC — Full Bench	2022-12-16		2	0
[2022] FWCFB 204 National Tertiary Education Industry Union (283V) v Curtin University	FWC — Full Bench	2022-11-14		2	0

Archived text (306 words)

Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FWC 4091 (22 June 2016) [2016] FWC 4091 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Carter Holt Harvey Woodproducts Australia Pty Limited (B2016/646) COMMISSIONER RYAN MELBOURNE, 22 JUNE 2016 Proposed protected action ballot of employees of Carter Holt Harvey Woodproducts Australia Pty Limited. [1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to employees of Carter Holt Harvey Woodproducts Australia Pty Ltd (the Respondent). The application was made on 21 June 2016. [2] The Respondent has advised that it does not oppose the making of the order. [3] Section 443(1) of the Act states: 443 When the FWC must make a protected action ballot order (1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if: (a) an application has been made under section 437 ; and (b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted. [4] The CEPU has demonstrated that it has met the requirements of s.443(1) of the Act in a statutory declaration declared by Damian King, an Official of the CEPU. [5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the CEPU. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR581947>