United Workers' Union v Bam Wine Logistics Pty Ltd Summary

[2025] FWC 2419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Bam Wine Logistics Pty Ltd

(B2025/1294)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 AUGUST 2025

Proposed protected action ballot of employees of Bam Wine Logistics Pty Ltd

This is an application by the United Workers’ Union (UWU 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 Bam Wine Logistics Pty Ltd (Bam Wine or Employer).

On 18 August 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 Tegan Milliken, Senior Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Bam 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.

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 1 September 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 PR790794.

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 United Workers' Union (UWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Bam Wine Logistics Pty Ltd (Bam Wine). The Commission was notified that Bam Wine did not object to the application. Consequently, the Deputy President Hampton decided to determine the matter on the papers without holding a hearing. The Union had engaged in bargaining with Bam Wine and had taken steps to reach an agreement, satisfying the requirements of s.443(1) of the Fair Work Act 2009. Fair Vote Services Pty Ltd was approved to conduct the ballot, as per s.468A of the Act. The ballot closing date was set for 1 September 2025, establishing the ballot period under s.448A(2) of the Act. A separate Order was issued in PR790794, and another Commission member was assigned to conduct a compulsory conciliation conference under s.448A. Directions were likely to be issued to ensure the parties were ready for meaningful negotiations at the conference.

The primary legal issue before the Fair Work Commission was whether the UWU had satisfied the requirements under s.443(1) of the Fair Work Act 2009 to conduct a protected action ballot. This involved confirming if the Union had genuinely attempted to reach an agreement with Bam Wine and if all procedural steps were properly followed. Additionally, the Commission had to determine an appropriate closing date for the ballot, considering the request made in the application. The eligibility of Fair Vote Services Pty Ltd to conduct the ballot under s.468A of the Act was another aspect considered. The decision also needed to address the procedural steps for the compulsory conciliation conference under s.448A of the Act.

The Deputy President Hampton was satisfied that the UWU had genuinely tried to reach an agreement with Bam Wine and that all procedural requirements under s.443(1) of the Fair Work Act 2009 were met. The Commission confirmed the eligibility of Fair Vote Services Pty Ltd to conduct the ballot and set the closing date for the ballot as 1 September 2025. This date was within the requested period of 10 working days from the making of the Order. The Commission also decided to conduct a compulsory conciliation conference under s.448A, with another member assigned to oversee the conference and issue necessary directions to ensure meaningful negotiations.

Separate orders were issued, and the matter was assigned to another Commission member to conduct the compulsory conciliation conference under s.448A. This member would issue an Order requiring the attendance of all bargaining representatives at the conference, with likely directions to ensure the parties were prepared for meaningful negotiations. The Deputy President Hampton concluded the determination on the papers without a hearing, given Bam Wine's lack of objection to the application.

United Workers' Union v Bam Wine Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established