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

[2023] FWC 2973

[2023] FWC 2973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

(B2023/1246)

DEPUTY PRESIDENT LAKE BRISBANE, 15 NOVEMBER 2023

Proposed protected action ballot of employees of Crown Sydney Gaming Pty Ltd 

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 Crown Sydney Gaming Pty Ltd T/A Crown Sydney (Crown Sydney or Employer). 

1. On 14 November 2023, the Commission was advised that Crown Sydney objected to one of the questions proposed in the Application.

1. On 15 November 2023, the matter was allocated to me to determine the objection. The UWU and Crown Sydney came to an agreement to remove the question in contention. The UWU sent my Chambers an amended protected action ballot order which was agreed to by Crown Sydney.

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

1. On the basis of the material before me, including the declaration of Sajit Shakya, Lead 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 Crown Sydney, 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 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.

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

1. An Order has been separately issued in PR768254.

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 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 is, in effect, ten (10) working days from the date effect of the Order.

Printed by authority of the Commonwealth Government Printer

<PR768253>