Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2023] FWC 3014

[2023] FWC 3014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

(B2023/1268)

Australian Workers' Union, The

v

Treasury Wine Estate Vintners Ltd

(B2023/1267)

DEPUTY PRESIDENT WRIGHT SYDNEY, 17 NOVEMBER 2023

Proposed protected action ballot of employees of Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers’ Union (AWU) have each made applications under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates (Treasury Wine or Employer). 

1. I note that the United Workers’ Union (UWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed agreement.

1. On 17 November 2023, the Commission was advised that Treasury Wine, in effect, did not object to the applications.

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

1. On the basis of the material before me, including the declarations of Simon Pisoni, CEPU SA Branch Organiser, and Trish Stringer, AWU Organiser, setting out the steps taken by the CEPU and the AWU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Treasury Wine, 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 in each matter is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each matter is 3 January 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Orders have been separately issued in PR768383 (CEPU) and PR768388 (AWU).

1. These matters will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1248). To the extent that these matters involve any additional bargaining representatives, the Commission will also issue Orders requiring their attendance 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] B2023/1248.

[2] This is, in effect, 30 working days from the making of the Orders, as sought in the applicatiosn. It is also the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR768384>