Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Carter Holt Harvey Wood Products Australia Pty Ltd

[2017] FWC 1343

[2017] FWC 1343

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 Wood Products Australia Pty Ltd
(B2017/194)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 MARCH 2017

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

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for a protected action ballot order.¹ The CEPU sought an order that employees of Carter Holt Harvey Wood Products Australia Pty Ltd, who are members of the CEPU 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 CEPU 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 Damian King, a Branch Organiser, 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 CEPU has satisfied the statutory prerequisites for a protected action ballot order and I am satisfied that the CEPU 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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