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

[2016] FWC 882
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

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Carter Holt Harvey Woodproducts Australia Pty Ltd. The AMWU sought to conduct a ballot to potentially authorise protected industrial action. The respondent, Carter Holt Harvey Woodproducts Australia Pty Ltd, did not object to the application.

The legal issue before the Deputy President was whether the AMWU had satisfied the prerequisites under section 443(1) of the Fair Work Act to hold a protected action ballot. This involved determining whether the union had genuinely attempted to reach an agreement with the employer and whether the steps taken in the bargaining process met the statutory requirements.

The Deputy President concluded that the AMWU had demonstrated it had genuinely attempted to reach an agreement with the employer. This conclusion was based on the statutory declaration of Mr P Bauer, an AMWU representative, who detailed the union's bargaining efforts and its ongoing attempts to negotiate with the employer. Given the lack of objection from the employer and the evidence provided by the AMWU, the Deputy President found that the statutory requirements for holding a ballot had been satisfied.

Accordingly, the Deputy President issued an order under section 437 of the Fair Work Act permitting the AMWU to hold a protected action ballot among the relevant employees. The order was issued separately in PR576903.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established