United Workers' Union v Crown Melbourne Limited T/A Crown Casino

[2023] FWC 2567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Crown Melbourne Limited T/A Crown Casino

(B2023/1049)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 OCTOBER 2023

Proposed protected action ballot of employees of Crown Melbourne 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 Crown Melbourne Limited T/A Crown Casino (Crown Casino or Employer).

On 5 October 2023, the Commission was advised that Crown Casino did not, in effect, 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 Mr Heath Lamaro, Coordinator, 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 Crown Casino, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

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 30 October 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR766878.

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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This period reflects, amongst other factors, the number and circumstances of the group of employees to be balloted as set out in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers’ Union (UWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order regarding certain employees of Crown Melbourne Limited, trading as Crown Casino. The application was made to determine whether the union could proceed with a ballot for protected action due to a dispute over a proposed enterprise agreement. Crown Casino did not object to the application, and the matter was decided by the Deputy President without a hearing.

The legal issues involved whether the UWU had met the statutory requirements to hold a protected action ballot. Specifically, the court had to consider whether there was a notification time in relation to the proposed agreement, and whether all conditions under section 443(1) of the Act had been fulfilled. Additionally, the court had to determine an appropriate closing date for the ballot under section 443(3)(c) of the Act.

The Deputy President was satisfied that the UWU had genuinely attempted to reach an agreement with Crown Casino and that all necessary steps had been taken for the ballot. The UWU had provided a declaration from Mr Heath Lamaro, Coordinator, confirming their efforts in bargaining. Furthermore, Democratic Outcomes Pty Ltd T/A CiVS, which was approved to conduct the ballot, met the requirements under section 468A of the Act. Consequently, the Deputy President set the closing date for voting as 30 October 2023, establishing the ballot period under section 448A(2) of the Act.

An order was issued separately in PR766878, and the matter will be assigned to another member of the Commission for a compulsory conciliation conference under section 448A. The conference aims to facilitate meaningful negotiations between the parties involved in the proposed enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established