United Workers' Union v Crown Sydney Gaming Pty Ltd T/A Crown Sydney

[2023] FWC 3057

[2023] FWC 3057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.447—Protected action

United Workers’ Union
v

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

(B2023/1271)

DEPUTY PRESIDENT LAKE BRISBANE, 21 NOVEMBER 2023

Application for a variation of a Protected Action Ballot Order PR768254 – variation approved.

1. An application was made by the United Workers’ Union (UWU) on 17 November 2023 for variation of a protected action ballot order (the Order) under s 447 of the Fair Work Act 2009 (the Act).

1. The UWU seeks to vary the Order issued on 15 November 2023 by seeking an extension of the ballot to close no later than 1 December 2023 instead of 29 November 2023 or 10 working days.[1] The reason provided by the UWU was that the extension of time would allow them to communicate with their members in relation to the ballot.

1. Crown Sydney Gaming Pty Ltd T/A Crown Sydney was provided an opportunity to respond to the UWU’s application. An email was sent to my Chambers confirming that they did not object to the application on 21 November 2023.

1. Section 447 of the Act sets out the circumstances in which the Fair Work Commission (the Commission) may vary a protected action ballot order:

“447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.”

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

1. Having regard to the material before me, I am satisfied that the requirements of s 447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to amend the closing date of the vote to 1 December 2023. The ballot agent is to provide an amended timetable confirming that the ballot will close on 1 December 2023. An order[2] to that effect will be issued.

DEPUTY PRESIDENT

[1] Application by United Workers' Union (108V) [2023] FWC 2973, PR768253, PR768254.

[2] PR768511.

Printed by authority of the Commonwealth Government Printer

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