Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
Cited 1×
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: Carter Holt Harvey Woodproducts Australia Pty Limited
Ratio
The FWC must make a protected action ballot order when an application is 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. The AMWU satisfied the requirements of s.443(1) of the Fair Work Act 2009, demonstrated through statutory declaration, and accordingly the order was made.
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 for protected action ballot order filed on 21 June 2016
- Application relates to employees of Carter Holt Harvey Woodproducts Australia Pty Ltd
- The respondent did not oppose the making of the order
- The AMWU demonstrated compliance with requirements of s.443(1) through statutory declaration by David Vroland, AMWU Official
Factors
For
- AMWU demonstrated that it had been and was genuinely trying to reach an agreement with the employer
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
Concept tags · 3
Principles · 1
articulates para 3
The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if 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) statutory test
Archived text (317 words)
Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2016] FWC 4093 (22 June 2016)
[2016] FWC 4093
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.437
—Protected action
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’
Union (AMWU)
v
Carter Holt Harvey Woodproducts Australia Pty Limited
(B2016/129)
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing
Workers’ Union (AMWU) 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 AMWU has demonstrated that it has met the requirements of
s.443(1)
of the Act in a statutory declaration declared by David Vroland, an Official of the AMWU.
[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 AMWU.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR581949>