United Workers' Union v Global Retail Logistics Pty Ltd
[2023] FWC 1937
•7 AUGUST 2023
| [2023] FWC 1937 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
United Workers' Union
v
Global Retail Logistics Pty Ltd
(B2023/796)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 7 AUGUST 2023 |
Proposed protected action ballot of employees of Global Retail Logistics 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 Global Retail Logistics Pty Ltd (Global Retail or Employer).
On 4 August 2023, the Commission was advised that Global Retail had certain objections to the form of order proposed in the Application and this matter was subsequently heard by the Commission on 7 August 2023. During the hearing, the full terms of an amended order were agreed by the parties, and this has been reflected in the Order ultimately made by the Commission.
On the basis of the material before me, including the declaration of Mr Mick Power, UWU Coordinator, 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 Global Retail, 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 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. For the purposes of s.443(3)(c) and s.448A(2) of the Act, the date by which voting in the ballot is to close (the ballot period) is 22 August 2023. The manner of specifying, and the length of, the ballot period was also the subject of agreement between the parties. Other consequential changes have been made in the final Order.
An Order has been separately issued in PR764903.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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
Appearances:
R Wyllie, of the United Workers Union.
D Feldman of HR Legal, with permission, with D Venes for Global Retail Logistics Pty Ltd.
Hearing details:
2023
August 7
by MS Teams Video.
[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
Printed by authority of the Commonwealth Government Printer
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