United Workers' Union v Campari Australia Pty Ltd Summary

[2024] FWC 939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Campari Australia Pty Ltd

(B2024/430)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 APRIL 2024

Proposed protected action ballot of employees of Campari Australia 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 Campari Australia Pty Ltd (Campari or Employer).

On 11 April 2024, the Commission was advised that the Employer 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 Matthew Coffey, 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 it, 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 the Australian Electoral Commission (AEC).

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 24 May 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR773404.

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 for 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 sought for the ballot to close on 23 May 2024. The closing date in the Order reflects a ballot period of 30 working days from the date of the order, which is the minimum required by the AEC.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers’ Union (UWU) for a protected action ballot order concerning employees of Campari Australia Pty Ltd. The UWU sought to conduct a ballot under section 437 of the Fair Work Act 2009 to allow its members to vote on proposed protected actions. The application was made without objection from Campari, prompting the Commission to proceed with a determination based on the submitted documentation. This included a declaration from Matthew Coffey, an Organiser of the UWU, confirming the union's efforts in bargaining with the employer and its genuine attempts to reach an agreement.

The Commission's task was to assess whether the conditions set out in section 443(1) of the Act were satisfied, particularly regarding the notification period and the union's efforts in bargaining. The Deputy President Hampton concluded that the UWU had met all the requirements, including the notification period, thereby allowing the ballot to proceed. The Australian Electoral Commission (AEC) was designated to conduct the ballot, and the closing date for voting was set at 24 May 2024. This date was chosen to ensure a minimum ballot period of 30 working days as required by the AEC.

Consequently, the Commission issued an order for the protected action ballot to take place. Additionally, the matter was assigned to another Commission member for a compulsory conciliation conference under section 448A of the Act. The conference aimed to facilitate negotiations between the parties and ensure they were prepared to engage in meaningful discussions. This decision underscores the Commission's commitment to supporting fair work practices and the right of employees to engage in protected actions through a structured and lawful process.

United Workers' Union v Campari Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established