DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Accolade Wines Australia Ltd T/A Accolade Wines
(B2021/756)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 1 SEPTEMBER 2021

Proposed protected action ballot of employees of Accolade Wines Australia Ltd T/A Accolade Wines.

[1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Accolade Wines Australia Ltd T/A Accolade Wines (Respondent).

[2] On 31 August 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Scott Martin of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR733373.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union filed an application in the Fair Work Commission against Accolade Wines Australia Ltd, trading as Accolade Wines, regarding a proposed protected action ballot of the employees. The union sought an order to facilitate a ballot among the employees to ascertain their willingness to engage in protected industrial action. The dispute arose from a disagreement between the union and the employer concerning the terms and conditions of employment, leading to the union's proposal of a protected action ballot to gauge the employees' support for potential industrial action.

The central legal issue before the commission was whether the proposed ballot complied with the relevant provisions of the Fair Work Act 2009, specifically sections 390 and 391. The commission had to determine if the ballot notice provided by the union met the necessary requirements, including the content, timing, and manner of the ballot. Additionally, the commission needed to consider the employer's objections to the ballot and whether there were any legitimate grounds to prevent or modify the ballot process.

In examining the union's application and the employer's objections, the commission considered the statutory requirements for a protected action ballot under the Fair Work Act. The commission found that the union's ballot notice was substantially compliant with the legislative requirements, including the necessary information regarding the nature of the proposed action and the potential impact on the employees and the employer. The commission also noted that the employer's objections did not provide sufficient grounds to prevent the ballot from proceeding. Consequently, the commission granted the union's application, allowing the ballot to proceed as proposed. The commission emphasised the importance of adhering to the statutory framework for protected action ballots to ensure a fair and transparent process for all parties involved.

The Australian Workers' Union v Accolade Wines Australia Ltd T/A Accolade Wines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established