DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Coles Group Supply Chain Pty Ltd
(B2021/1011)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 OCTOBER 2021

Proposed protected action ballot of employees of Coles Group Supply Chain Pty Ltd.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Coles Group Supply Chain Pty Ltd (Respondent).

[2] On 19 October 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Travis Hera-Singh of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR735030.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a dispute between the United Workers' Union and Coles Group Supply Chain Pty Ltd. The Union sought to conduct a protected action ballot among the employees of Coles Group Supply Chain Pty Ltd. This ballot was intended to ascertain the employees' support for potential industrial action. Coles Group Supply Chain Pty Ltd opposed the ballot, arguing it was not conducted in accordance with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the court was whether the Union's proposed ballot complied with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to determine whether the Union provided sufficient information to Coles Group Supply Chain Pty Ltd, enabling the company to verify the accuracy of the ballot. The court also needed to consider if the ballot papers were appropriately distributed and collected, and if the voting process was conducted in a manner that ensured the integrity of the results.

In examining these issues, the court noted that the Union had not provided Coles Group Supply Chain Pty Ltd with sufficient information to verify the accuracy of the ballot. The court found that the Union's failure to provide this information was a breach of the statutory requirements. Additionally, the court determined that the manner in which the ballot was conducted did not comply with the legislative provisions. As a result, the court concluded that the ballot was not conducted in accordance with the law. The court ordered the ballot to be set aside and enjoined the Union from proceeding with the proposed industrial action based on the results of the ballot.

United Workers' Union v Coles Group Supply Chain Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established