Australian Workers' Union, The v G James Extrusion Co Pty Ltd T/A G. James Furniture Co

[2023] FWC 2330

[2023] FWC 2330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The

v

G James Extrusion Co Pty Ltd T/A G. James Furniture Co

(B2023/971)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 13 SEPTEMBER 2023

Proposed protected action ballot of employees of G James Extrusion Co Pty Ltd

1. This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of G James Extrusion Co Pty Ltd trading as G. Furniture Co (G. James Furniture Co or Employer). 

2. On 13 September 2023, the Commission was advised that James Co, in effect, did not object to the application.

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

1. On the basis of the material before me, including the declaration of Mr James Downie, AWU 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 G. James Furniture Co, 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.  

2. For the purposes of s.443(3)(c) of the Act, and in consultation with the parties, the Commission has determined that the date by which voting is to close is 26 October 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than three working days. Pursuant to s.443(5) the period of notice required under s.414(2)(a) of the Act in each case of industrial action will be five working days.[2]

2. An Order has been separately issued in PR766125.

3. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the date of the Order which is the minimum period required by the Australian Electoral Commission.

[2] This has been reflected into the Order in different terms than proposed, but with the same effect.

Printed by authority of the Commonwealth Government Printer

< PR766122>