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

[2023] FWC 2565

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

(B2023/1048)

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 PR766872.

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 Fair Work Commission was presented with an application from the United Workers' Union (UWU) seeking a protected action ballot order concerning certain employees of Crown Melbourne Limited T/A Crown Casino. The application was made under section 437 of the Fair Work Act 2009. Crown Casino did not object to the application, leading the Commission to decide on the matter based on the submitted documentation without a hearing. The UWU had provided a declaration from Mr Heath Lamaro, Coordinator, which detailed the union's bargaining efforts with Crown Casino and its commitment to reaching an agreement. The Commission determined that the necessary notification period had been met and all statutory requirements were satisfied.

The legal issues before the Commission involved confirming whether the UWU had genuinely attempted to reach an agreement with Crown Casino and whether all procedural requirements under the Fair Work Act 2009 had been met to allow for a ballot. Additionally, the Commission needed to verify that the appointed ballot agent, Democratic Outcomes Pty Ltd T/A CiVS, was qualified and authorised to conduct the ballot. The UWU had demonstrated its efforts to negotiate and met the conditions set forth in section 443(1) of the Act, including providing a genuine attempt to reach an agreement and the existence of a notification time for the proposed agreement.

The Commission found that the UWU had genuinely tried to reach an agreement with Crown Casino and that the necessary requirements under the Act were fulfilled. The ballot agent, CiVS, had been approved as an eligible agent under section 468A of the Act, thereby authorising the conduct of the ballot. The Deputy President set the closing date for voting at 30 October 2023, establishing the ballot period as per section 448A(2) of the Act. The Commission also determined that a compulsory conciliation conference would be conducted, requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement. This decision ensures that the parties are prepared for meaningful negotiations and facilitates further proceedings.

The final orders include the authorisation of the ballot by CiVS and the establishment of the ballot period ending on 30 October 2023. Furthermore, a compulsory conciliation conference will be organised, with an order to compel the attendance of all relevant bargaining representatives, to ensure that negotiations proceed effectively.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established