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

[2016] FWC 883
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
(B2016/262)

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 PR576906.

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 employees of Carter Holt Harvey Woodproducts Australia Pty Ltd. The application was made in light of ongoing bargaining efforts between the AMWU and the employer. Notably, the employer did not object to the application, leading the Deputy President to decide to determine the matter without a hearing. The basis of the decision was the statutory declaration provided by Mr. P Bauer of the AMWU, which detailed the union's efforts to reach an agreement with the employer and affirmed that the union had been genuinely attempting to do so. Given the evidence presented, the Deputy President was satisfied that the statutory requirements under section 443(1) of the Act had been met.

The primary legal issue before the Deputy President was whether the AMWU had satisfied the conditions set forth in section 443(1) of the Fair Work Act for obtaining a protected action ballot order. This required the union to demonstrate that it had been genuinely attempting to reach an agreement with the employer. The court had to assess the evidence provided by the AMWU, including the statutory declaration, to determine if the union's efforts met the statutory criteria. Additionally, the court considered the lack of objection from the employer, which might have implications on the union's genuine efforts and the need for a ballot.

In deciding the matter, the Deputy President reviewed the statutory declaration and the absence of objections from the employer. The union's declaration outlined the bargaining process and efforts made to reach an agreement, which were deemed sufficient to satisfy the requirements of section 443(1) of the Act. The lack of objection from the employer further supported the union's case. Consequently, the Deputy President issued an order in PR576906, granting the AMWU's application for a protected action ballot. This decision allowed the union to proceed with the ballot to potentially take industrial action if negotiations remained unresolved.

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