Australian Workers' Union, The v Alpine Resorts Victoria Summary

[2024] FWC 1261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v

Alpine Resorts Victoria

(B2024/534)

COMMISSIONER ALLISON

MELBOURNE, 15 MAY 2024

Proposed protected action ballot of employees of Alpine Resorts Victoria

This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Alpine Resorts Victoria (Alpine or Employer).

On 14 May 2024, the Commission was advised that the Employer did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of James Newbold, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Alpine, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 25 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR775004.

I will shortly issue a further Order requiring all bargaining representatives to attend a s 448A compulsory conciliation conference. I will also issue Directions to ensure that the parties attending the conference are ready to conduct meaningful negotiations.

COMMISSIONER

[1] This is, in effect, thirty (30) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Alpine Resorts Victoria. The application was made to the Fair Work Commission, which was tasked with determining whether the requirements for a protected action ballot were met. On 14 May 2024, the Commission was notified that Alpine Resorts Victoria did not object to the application. Consequently, the Commission decided to proceed with the determination based on the submitted documents, without the need for a hearing.

The legal issues before the Commission involved whether the notification time for the proposed agreement was valid and if all the requirements under section 443(1) of the Fair Work Act were satisfied. The AWU submitted a declaration from James Newbold, an organiser, which outlined the union's efforts in bargaining with Alpine Resorts Victoria and confirmed their genuine attempts to reach an agreement. The Commission assessed this evidence and found that the AWU had met all necessary criteria for a protected action ballot. Furthermore, the Commission decided that the Australian Electoral Commission would conduct the ballot and set 25 June 2024 as the closing date for voting, which equates to 30 working days from the issuance of the order.

The Commission granted the application, determining that the proposed ballot was lawful and met all statutory requirements. An order was issued in PR775004, and the Commission announced its intention to issue further orders for a compulsory conciliation conference under section 448A, along with specific directions to ensure meaningful negotiations between the parties. This decision facilitates the employees' ability to vote on the proposed agreement and allows for continued efforts towards reaching a resolution through further mandated discussions.

Australian Workers' Union, The v Alpine Resorts Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established