United Workers' Union v HS Fresh Food Pty Ltd

[2023] FWC 2408

[2023] FWC 2408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union

v

HS Fresh Food Pty Ltd

(B2023/997)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 SEPTEMBER 2023

Proposed protected action ballot of employees of HS Fresh Food Pty Ltd

1. This is an application by the United Workers’ Union (UWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of HS Fresh Food Pty Ltd (HS Fresh Food or Employer). 

1. On 19 September 2023, the Commission was advised that HS Fresh Food, in effect, did not object to the Application. However, this was in the context of an earlier indication that it held concerns about the matter.

1. In the circumstances, I decided to conduct a short hearing today to confirm the parties’ positions and ensure that there was an understanding about the processes to follow. Ultimately, the Application was not contested.

1. On the basis of the material before me, including the declaration of Mr Benjamin Reichstein, Organiser on behalf of the UWU, 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 HS Fresh Food, 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.

1. 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 2 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR766361.

1. This matter will be assigned to a 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.

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