United Workers' Union v Chep Australia Limited

[2024] FWC 3407

[2024] FWC 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Chep Australia Limited

(B2024/1593)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 DECEMBER 2024

Proposed protected action ballot of employees of Chep Australia Limited

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 Chep Australia Limited (Chep or Employer).

1. Chep has advised the Commission that it did not oppose the application; however, it has sought to clarify certain aspects associated with the chronology of bargaining in this matter.

1. The application initially proposed a ballot period that would have fallen during a Christmas closure being implemented by the specified protected action ballot agent. Upon being advised of this, the UWU filed an amended application nominating a different ballot agent that could better accommodate the ballot period sought. The parties subsequently agreed to a revised ballot period in consideration of the circumstances of this matter, including the amended application.

1. In that light, I have granted leave to amend the application and otherwise dealt with the matter on the papers.

1. On the basis of the material before me, including the declaration of Hanna Bushell, 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 Chep, 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 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.

1. 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 6 January 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR782144.

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 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

Printed by authority of the Commonwealth Government Printer

<PR782145>