Australian Workers' Union, The v Tully Sugar Limited T/A Tully Sugar

[2024] FWC 1056

[2024] FWC 1056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v

Tully Sugar Limited T/A Tully Sugar

(B2024/464)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 APRIL 2024

Proposed protected action ballot of employees of Tully Sugar Limited T/A Tully Sugar

1. 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 Tully Sugar Limited T/A Tully Sugar (Tully Sugar or Employer). 

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 22 April 2024, the Commission was advised that Tully Sugar did not, in effect, 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 Richard Billingham, 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 it, 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.  

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[3] and consequently is authorised to conduct the ballot.

1. 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 9 May 2024.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773837.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related members. 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] B2024/463.

[2] B2024/467.

[3] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[4] This is, in effect, ten (10) working days from the date effect of the Order, as sought in the Application.

Printed by authority of the Commonwealth Government Printer

<PR773840>