United Workers' Union v George Weston Foods Limited T/A Tip Top Bakeries Victoria

[2024] FWC 3000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

George Weston Foods Limited T/A Tip Top Bakeries Victoria

(B2024/1408)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 30 OCTOBER 2024

Proposed protected action ballot of employees of George Weston Foods Limited trading as Tip Top Bakeries Victoria

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 George Weston Foods Limited trading as Tip Top Bakeries Victoria (Tip Top Bakeries or Employer).

On 29 October 2024, 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 Adam Auld, Coordinator Poultry and Bread, 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 Tip Top Bakeries, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 13 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR780731.

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, 9 working days from the making of the Order and was the specific date sought following consultation with the parties.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of George Weston Foods Limited trading as Tip Top Bakeries Victoria. The application was made under section 437 of the Fair Work Act 2009, seeking to allow employees to vote on whether to engage in protected action due to unresolved industrial issues. The employer did not object to the application, prompting the Commission to decide the matter based on the submitted documents without holding a hearing.

The primary legal issue was whether the UWU had satisfied all the requirements under section 443 of the Act to hold a protected action ballot. This required the Commission to assess whether a notification time had been set, the union had genuinely attempted to reach an agreement with the employer, and whether all procedural requirements were met. The UWU provided a declaration by Adam Auld, Coordinator Poultry and Bread, outlining the union’s bargaining efforts and commitment to reaching an agreement.

The Deputy President determined that the UWU had met all the necessary criteria. The declaration confirmed that the union had genuinely tried to reach an agreement and that a notification time was in effect. As TrueVote Pty Ltd, the approved ballot agent, was authorised to conduct the ballot, the Commission set the closing date for voting as 13 November 2024. The Commission also noted that the matter would be assigned to another member for a compulsory conciliation conference under section 448A of the Act, with orders to be issued for the conference.

The final orders included the approval of the ballot to be conducted by TrueVote and the setting of the closing date for voting. The Commission further directed that another member would handle the compulsory conciliation conference, ensuring that the parties were prepared to engage in meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established