United Workers' Union v Cascade Brewery Company Pty Ltd

[2025] FWC 2525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union

Cascade Brewery Company Pty Ltd

(B2025/1348)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2025

Proposed protected action ballot of employees of Cascade Brewery Company 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 Cascade Brewery Company Pty Ltd (Cascade or Employer).

On 27 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 Bishwoksen Adhikari, 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 Cascade, 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 9 October 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 PR791139.

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, 30 working days from the making of the Order and 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 for a protected action ballot order concerning employees of Cascade Brewery Company Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking approval for a ballot to potentially authorise protected industrial action. Cascade Brewery Company Pty Ltd did not object to the application, prompting the Commission to decide the matter based on the submitted documents. The Commission examined the declaration by Bishwoksen Adhikari, the Organiser for the Union, which outlined the Union's efforts to negotiate with the Employer and confirmed that it was genuinely attempting to reach an agreement.

The legal issues before the Commission involved verifying whether the Union had met the statutory requirements to hold a ballot. Specifically, the Commission needed to confirm that the notification period for the proposed agreement was met and that all conditions under section 443(1) of the Fair Work Act were satisfied. The Commission assessed the material presented, which detailed the Union's bargaining process and its efforts to reach a resolution with the Employer, and concluded that the Union had fulfilled its obligations under the Act.

After reviewing the evidence, the Deputy President Hampton concluded that all statutory prerequisites for the ballot had been met. Consequently, the Commission granted the application, allowing the Union to proceed with the ballot for the employees' proposed industrial action. The Australian Electoral Commission was designated to conduct the ballot, with voting to close on 9 October 2025. This date, set by the Commission, also determined the ballot period under section 448A(2) of the Act. The Commission further directed that the matter would be assigned to another Member to oversee a compulsory conciliation conference, aiming to facilitate meaningful negotiations between the parties.

The Commission's final order authorised the protected action ballot, mandated the Australian Electoral Commission to conduct the ballot, and set the closing date for voting. Additionally, the Commission indicated that another Member would oversee a compulsory conciliation conference, with further directions to be issued to ensure the parties were prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established