United Workers' Union v Fonterra Australia Pty Ltd Summary

[2025] FWC 2241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Fonterra Australia Pty Ltd

(B2025/1215)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 31 JULY 2025

Proposed protected action ballot by employees of Fonterra Australia Pty 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 Fonterra Australia Pty Ltd (Fonterra or Employer).

On 31 July 2025, the Commission was advised that the Employer, in effect, did not 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 David Harris, Trade Union Official, 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 Fonterra, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act 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 14 August 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790250.

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 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] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order permitting a protected action ballot for certain employees of Fonterra Australia Pty Ltd. The application was made in the context of ongoing industrial action negotiations between the Union and the Employer. The Union's application was not opposed by Fonterra. The matter was therefore determined on the papers without a hearing.

The legal issues before the Deputy President concerned whether the Union had met the requirements of the Fair Work Act to permit a protected action ballot. These requirements include the Union having genuinely tried to reach agreement with the employer and there being a notification time in relation to the proposed agreement. The Deputy President was satisfied that these conditions had been met, based on the evidence before the Commission, including the declaration of a Union official. The Commission also determined that Fair Vote Services Pty Ltd, the approved ballot agent, would conduct the ballot, with voting to close on 14 August 2025.

In making the decision, the Deputy President considered the material submitted to the Commission, including the Union's declaration of its steps taken to negotiate with the employer. The Commission was satisfied that the Union had met the statutory requirements to hold the ballot, and that the ballot agent was appropriately appointed. The Deputy President fixed the closing date for voting as 14 August 2025, which was the period sought in the Union's application. The matter will be assigned to another Commission member to conduct a compulsory conciliation conference, and Directions will likely be issued to ensure that the parties are ready to negotiate meaningfully.

The Fair Work Commission has ordered that the Union be permitted to conduct a protected action ballot for the employees in question, with voting to close on 14 August 2025. The Commission has also determined that the ballot will be conducted by Fair Vote Services Pty Ltd. A compulsory conciliation conference will be held, and Directions will be issued to ensure the parties are ready to negotiate.

United Workers' Union v Fonterra Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established