United Workers' Union v Greens General Foods Pty Limited, Waterwheel Premium Foods Pty Limited

[2024] FWC 651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Greens General Foods Pty Limited, Waterwheel Premium Foods Pty Limited

(B2024/203)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 12 MARCH 2024

Proposed protected action ballot of employees of Greens General Foods Pty Limited and Waterwheel Premium Foods Pty 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 Greens General Foods Pty Limited (Greens General) and Waterwheel Premium Foods Pty Limited (Waterwheel) (Collectively the Employers).

On 8 March 2024, the Commission was advised that the Employers, 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 Mr Leo Kiefel on behalf of the UWU, setting out the steps taken by the UWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 Australian Electoral Commission. 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 26 April 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 PR772283.

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 involved 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, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the United Workers' Union applied for a protected action ballot order under section 437 of the Fair Work Act 2009, involving certain employees of Greens General Foods Pty Limited and Waterwheel Premium Foods Pty Limited. The union sought to conduct a ballot to determine employee support for protected industrial action. The employers did not object to the application, allowing the matter to proceed on the basis of the written submissions and evidence presented.

The court was required to determine whether the union had genuinely attempted to reach an agreement with the employers and whether all the necessary conditions under section 443(1) of the Act were met. This included confirming that the union had given proper notification of the proposed agreement and that the ballot was necessary. The union's declaration, which detailed their efforts in bargaining and their commitment to reaching an agreement, was a central piece of evidence.

The Deputy President concluded that all the requirements for a ballot order were satisfied, given the union's efforts to negotiate and the lack of employer objection. The date for the close of voting was set at 26 April 2024, which was calculated to allow sufficient time for the Australian Electoral Commission to conduct the ballot. A compulsory conciliation conference under section 448A of the Act was also scheduled, with directions to ensure meaningful negotiations took place.

In conclusion, the Fair Work Commission granted the union's application for a protected action ballot order, setting the voting closure date for 26 April 2024. The Commission also scheduled a compulsory conciliation conference to facilitate further negotiations between the union and the employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established