Australian Workers' Union v Bestbar (Vic) Pty Ltd Summary

[2025] FWC 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Bestbar (Vic) Pty Ltd

(B2025/928)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2025

Proposed protected action ballot of employees of Bestbar (Vic) Pty Ltd

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 Bestbar (Vic) Pty Ltd (Bestbar or Employer).

On 13 June 2025, the Commission was advised that the Employer, in effect, 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 Fez Riches, 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 Bestbar, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 30 June 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788215.

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 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, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Bestbar (Vic) Pty Ltd (Bestbar). The application was made on the basis that the AWU has been genuinely trying to reach an agreement with Bestbar through bargaining, and the Commission was advised that Bestbar did not object to the application. The matter was determined on the papers without a hearing, given the lack of objection from the employer. The key issue before the Commission was whether all requirements of section 443(1) of the Act had been met for the proposed agreement and the notification period.

The Deputy President Hampton examined the material submitted by the AWU, including the declaration of Fez Riches, an Organiser for the union, who detailed the steps taken in bargaining with Bestbar. The declaration confirmed that the union had been genuinely attempting to reach an agreement, thereby satisfying the requirements of section 443(1) of the Act. Furthermore, the ballot agent, Fair Vote Services Pty Ltd, was approved and authorised to conduct the ballot under section 468A of the Act. The Commission determined that voting would close on 30 June 2025, which also established the ballot period for the purpose of section 448A(2) of the Act. Consequently, the application was granted, and the Commission scheduled a compulsory conciliation conference to be conducted by another member of the Commission.

The Deputy President issued an order approving the ballot and set the closing date for voting. Additionally, another order was issued in PR788215, assigning the matter to another member for the conciliation conference. Directions will likely be issued to ensure that the parties attend the conference prepared to engage in meaningful negotiations. This decision ensures that the process for a protected action ballot is followed, and the next steps in the bargaining process are properly managed by the Commission.

Australian Workers' Union v Bestbar (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established