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[2016] FWC 4839
procedural. Application granted; protected action ballot order issued separately in PR582940.
1 cited instrument linked from this judgment.
The Construction, Forestry, Mining and Energy Union applied for a protected action ballot order to allow its members to vote on taking industrial action. The employer, Carter Holt Harvey Woodproducts Australia, did not oppose the application. The Fair Work Commission decided the case based on written documents without holding a court hearing. The Commission was satisfied that the union had genuinely tried to reach an agreement with the employer, meeting the legal requirements for a protected action ballot order. The order was granted.
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s.437 - Application for a protected action ballot order
Construction, Forestry, Mining and Energy Union
Carter Holt Harvey Woodproducts Australia Pty Limited
Proposed protected action ballot of employees of Carter Holt Harvey Woodproducts Australia Pty Limited.
[1] This is an application by Construction, Forestry, Mining and Energy Union (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 Limited (the Respondent).
[2] On 18 July 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 A Vendramini 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 there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.
[5] An order has been separately issued in PR582940.
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Application granted; protected action ballot order issued separately in PR582940.