United Workers' Union v Bega Dairy & Drinks Pty Ltd

[2023] FWC 1973

[2023] FWC 1973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Bega Dairy & Drinks Pty Ltd

(B2023/816)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 AUGUST 2023

Proposed protected action ballot of employees of Bega Dairy & Drinks Pty Ltd

1. This is an application by the United Workers’ Union (UWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bega Dairy & Drinks Pty Ltd (Bega or Employer). [1]

1. On 10 August 2023, the Commission was advised that Bega did not object to the Application as amended to deal with certain aspects of the proposed order originally raised by it.

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

1. On the basis of the material before me, including the declaration of Majaraya Buenaflor on behalf of the UWU, 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 Bega, 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 the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, and following consultation with the parties, this Commission has determined that the date by which voting in the protected action ballot is to close is 21 September 2023.[2] This also establishes the ballot period for the purposes of s.448A(2) of the Act.

1. An order has been separately issued in PR765006.

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 involved 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] The application has been amended, with leave, to confirm the correct name of the respondent employer.

[2] This is, in effect, 30 working days from the date of effect of the Order. 30 working days is the period required by the Australian Electoral Commission to conduct a ballot.

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<PR765007>