United Workers' Union v Blowflex Mouldings Pty Ltd

[2023] FWC 3291

[2023] FWC 3291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Blowflex Mouldings Pty Ltd

(B2023/1352)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 DECEMBER 2023

Proposed protected action ballot of employees of Blowflex Mouldings Pty Ltd

1. 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 Blowflex Mouldings Pty Ltd (Blowflex or Employer). 

1. On 8 December 2023, the Commission was advised, in effect, that Bloxflex did not object to the Application.[1]

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 Ms Jill Batt 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 Blowflex, 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, the Commission has determined that the date by which voting is to close is 29 January 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR769203.

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] Om 8 December 2023, the Employer advised: “We note that the Protected Action Ballot Order Application does not define the proposed agreement and the employees who will be covered by it.  However, the Company does not object to the application by the United Workers Union.” In this regard, I note that the application and draft order do define the Employer and that the coverage of the employees is referenced in the application by virtue of an existing enterprise agreement.

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

Printed by authority of the Commonwealth Government Printer

<PR769202>