United Workers' Union (108V) v Coles Group Supply Chain Pty Ltd

[2020] FWC 4260

[2020] FWC 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

United Workers' Union (108V)
v
Coles Group Supply Chain Pty Ltd
(B2020/341)

COMMISSIONER MCKINNON MELBOURNE, 12 AUGUST 2020

Proposed protected action ballot of employees – exceptional circumstances – longer notice period.

[1] The United Workers’ Union and Coles Group Supply Chain Pty Ltd have been bargaining since March 2020 for an enterprise agreement to replace the Coles Parkinson CDC and National Union of Workers Enterprise Agreement 2017. The Agreement nominally expired on 31 July 2020. The Union is a bargaining representative for at least one employee who will be covered by the replacement agreement and Coles is the employer of employees to be balloted.

[2] It is not in dispute, and I am satisfied, that the Union is and has been genuinely trying to reach agreement with Coles and that there is a notification time in relation to the proposed agreement.

[3] The statutory declaration lodged in support of the application has not been signed before an authorised witness. In the context of logistical challenges presented by the COVID-19 pandemic, I waive the irregularity in form under section 586.

[4] The application has otherwise been made in accordance with section 443(1). An order for the conduct of a protected action ballot will issue separately.

[5] The order will specify a written notice period of 4 days for the taking of employee claim action. This is because the Parkinson CDC is Coles’ only chilled distribution centre in Brisbane and an integral part of the food supply chain throughout Queensland and northern New South Wales. It is experiencing higher product volumes coming in and out of the workplace due to fluctuating consumer demand in the context of the COVID-19 pandemic and much of the product it handles is perishable. I am satisfied these are exceptional circumstances justifying a longer notice period for any proposed industrial action authorised by the ballot.

COMMISSIONER

Appearances:

R Payne on behalf of the United Workers’ Union.

N Barkatsas on behalf of Coles Group Supply Chain Pty Ltd.

Hearing details:

2020.
Melbourne (telephone hearing).
August 12.

Printed by authority of the Commonwealth Government Printer

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