United Workers' Union v Grill'd Pty Ltd Summary

[2024] FWC 2760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Grill’d Pty Ltd

(B2024/1294)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 OCTOBER 2024

Proposed protected action ballot of employees of Grill’d 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 Grill’d Pty Ltd (Grill’d or Employer).

On 3 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 Mitchell Both, UWU Delegate, 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 Grill’d, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 15 October 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 PR779918.

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, 8 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

< PR779919>

CaseChat Overview and Summary

The United Workers' Union (UWU) made an application to the Fair Work Commission for a protected action ballot order in relation to certain employees of Grill’d Pty Ltd. The application was brought under section 437 of the Fair Work Act 2009. Grill’d Pty Ltd did not object to the application, allowing the Commission to decide the matter on the papers without holding a hearing. The UWU sought the order to conduct a ballot among its members, who are employees of Grill’d Pty Ltd, to determine if they supported taking protected industrial action.

The central legal issue was whether the UWU had satisfied all the statutory requirements to be granted a protected action ballot order. These requirements included proving that there was a notification time for a proposed enterprise agreement and that the UWU had genuinely attempted to reach an agreement with Grill’d Pty Ltd. The UWU had to demonstrate that it had engaged in good faith bargaining with the employer. Additionally, the Commission needed to ensure that the ballot would be conducted by an approved agent, in this case, Democratic Outcomes Pty Ltd (CiVS), which was authorised under section 468A of the Act.

The Deputy President concluded that the UWU had met all the statutory requirements for a protected action ballot order. The UWU had provided a declaration from its delegate, Mitchell Both, outlining the steps taken in bargaining with Grill’d Pty Ltd, and it was evident that the union had genuinely tried to reach an agreement. The Deputy President also determined that CiVS was an approved ballot agent and thus qualified to conduct the ballot. The Commission fixed the closing date for voting on the ballot as 15 October 2024, which established the ballot period for the purposes of section 448A(2) of the Act. The matter will proceed to a compulsory conciliation conference under section 448A, where the Commission will require the attendance of all bargaining representatives to conduct meaningful negotiations.

United Workers' Union v Grill'd Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established