United Workers' Union v Gale Pacific Limited Summary

[2025] FWC 1395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Gale Pacific Limited

(B2025/804)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 MAY 2025

Proposed protected action ballot of employees of Gale Pacific Limited

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 Gale Pacific Limited (Gale or Employer).

On 20 May 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 Steve Howie, Union 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 Gale, 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 10 June 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 PR787486.

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, 14 calendar days from the anticipated commencement date of the ballot and was the date period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has determined an application by the United Workers’ Union for a protected action ballot order concerning employees of Gale Pacific Limited. The matter was resolved without a hearing as the employer did not object to the application. The Union applied under section 437 of the Fair Work Act 2009 for a ballot order, following unsuccessful bargaining attempts. The application was supported by a declaration from a union official, stating that the Union had genuinely attempted to reach an agreement with the employer.

The Commission needed to decide whether the Union had met the requirements for a ballot order under section 443 of the Act, including demonstrating a notification time and efforts towards reaching an agreement. The Union provided evidence of its bargaining steps and the employer’s non-objection. The Deputy President was satisfied with the Union’s efforts and the legitimacy of the proposed agreement, leading to the approval of the ballot order. The ballot is to be conducted by Fair Vote Services Pty Ltd, an approved ballot agent under section 468A of the Act.

The Commission set the closing date for the ballot as 10 June 2025, establishing the ballot period for the purpose of section 448A of the Act. This decision also initiated a compulsory conciliation conference under section 448A, to be conducted by another member of the Commission. The conference aims to facilitate meaningful negotiations between the parties. The matter will be assigned, and orders and directions will be issued to ensure the conference’s effectiveness.

United Workers' Union v Gale Pacific Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established