“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Carter Holt Harvey Wood Products Australia Pty Ltd

[2017] FWC 1342

[2017] FWC 1342

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 Wood Products Australia Pty Ltd
(B2017/189)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 MARCH 2017

Proposed protected action ballot of employees of Carter Holt Harvey Wood Products Australia Pty Ltd.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) applied for a protected action ballot order.¹ The AMWU sought an order that employees of Carter Holt Harvey Wood Products Australia Pty Ltd, who are members of the AMWU and who would be subject to the proposed enterprise agreement, be balloted to see if they supported the taking of protected industrial action.

[2] It was not disputed that:

(1) The AMWU is a bargaining representative for employees.²

(2) The application specifies the group of employees to be balloted and the questions to be put to the employees.³

(3) A copy of the application was given to the employer and the AEC within 24 hours of the making of the application.⁴

(4) The nominal expiry date of the agreement has passed.⁵

[3] Mr David Vroland, an AMWU Union Official, filed a statutory declaration.

[4] On 7 March 2017, Ms Fiona Grandage, Legal Counsel, advised the Respondent did not object to the application.

[5] I am satisfied that the AMWU has satisfied the statutory prerequisites for a protected action ballot order and I am satisfied that the AMWU is genuinely trying to reach an agreement.

DEPUTY PRESIDENT

1 See s.437 of the Fair Work Act 2009

2 Ibid s.437(1)

3 Ibid s.437(3)

4 Ibid s.440

5 Ibid s.438(1)

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