Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Woolworths Format Development Pty Limited & Woolworths Group Ltd

[2025] FWC 178

[2025] FWC 178

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

Woolworths Format Development Pty Limited & Woolworths Group Ltd

(B2025/112)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 JANUARY 2025

Proposed protected action ballot of employees of Woolworths Format Development Pty Limited & Woolworths Group Ltd.

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 Woolworths Format Development Pty Limited & Woolworths Group Ltd (collectively Woolworths or Employers).

1. On 20 January 2025, the Commission was advised that the Employer did not object to the Application following discussion between the parties. The parties communicated a consent position and I have amended the application to reflect that position. Accordingly, I have decided that the matter will be determined on the papers without the need for a hearing.

1. I note that in the present case, the parties are bargaining in relation to an enterprise agreement to replace the Woolworths Format Development (Queensland Service) Enterprise Agreement 2020.

1. On the basis of the material before me, including the declaration of Luke Barden, Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Woolworths, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 5 February 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR783450.

1. 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 anticipated commencement of the ballot and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR783451>