United Workers' Union v GrainCorp Operations Limited

[2025] FWC 2839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

GrainCorp Operations Limited

(B2025/1487)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 24 SEPTEMBER 2025

Proposed protected action ballot of employees of GrainCorp Operations Limited – non-AEC ballot agent electronic voting

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 GrainCorp Operations Limited (GrainCorp or Employer).

On 23 September 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 Tom Czech, 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 GrainCorp, 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 9 October 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 PR792037.

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 Fair Work Commission was asked to decide on an application by the United Workers' Union (UWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order related to certain employees of GrainCorp Operations Limited (GrainCorp). The UWU sought to conduct a ballot for protected action, with Fair Vote Services Pty Ltd acting as the ballot agent, utilizing an electronic voting system. GrainCorp did not object to the application, allowing the matter to proceed on the papers without a hearing. The application was made to facilitate a ballot for potential protected action, with the UWU asserting that it had been genuinely trying to reach an agreement with GrainCorp and had met all statutory requirements.

The legal issues before the Commission included verifying that the UWU had satisfied the prerequisites for a protected action ballot under the Fair Work Act, including the notification period and the engagement in good-faith bargaining. Additionally, the court had to consider the appropriateness of using Fair Vote Services as a ballot agent and whether the proposed electronic voting system complied with the Act. The Commission also needed to set a closing date for the ballot that balanced the urgency of the matter with the need to ensure a fair and orderly process.

In determining the application, Deputy President Wright examined the declaration by Tom Czech, Lead Organiser of the UWU, which detailed the union's bargaining efforts and compliance with the Act. The Deputy President was satisfied that the UWU had genuinely attempted to reach an agreement with GrainCorp and that all statutory requirements for the ballot had been met. Consequently, the Commission approved the use of Fair Vote Services as the ballot agent and set the ballot closing date as 9 October 2025. This date, which is effectively 10 working days from the making of the order, aligns with the period requested in the application. The Commission also directed that a compulsory conciliation conference would be held, overseen by another member, to facilitate further negotiations between the parties.

In light of the decision, the Fair Work Commission issued an order granting the UWU's application for a protected action ballot. The ballot is to be conducted by Fair Vote Services, using an electronic voting system. The ballot period will close on 9 October 2025. Additionally, the Commission directed that a compulsory conciliation conference would be held to encourage further negotiations between the UWU and GrainCorp. This order aims to provide a structured environment for the parties to engage in meaningful discussions, potentially averting the need for protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established