United Workers' Union v Ingram Micro Pty Ltd Summary

[2024] FWC 918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Ingram Micro Pty Ltd

(B2024/417)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 APRIL 2024

Proposed protected action ballot of employees of Ingram Micro 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 Ingram Micro Pty Ltd (Ingram or Employer).

On9 April 2024, the Commission was advised that the Employer 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 Alex Suhle, 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 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 Democratic Outcomes Pty Ltd (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) of the Act, the Commission has determined that the date by which voting is to close is 24 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR773328.

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 for 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] [2023] FWC 1400.

[2]. This date reflects a ballot of approximately 14 days from the date of the order as sought in the application. This is, in effect, 10 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked by the United Workers' Union to organise a vote on a proposed agreement for some employees of Ingram Micro Pty Ltd. The union wanted to make sure that the vote could go ahead without any objections from the employer. Ingram Micro Pty Ltd did not object to the union's request. The Commission decided to look at the information provided and not hold a hearing. They found that the union had tried to reach an agreement with the employer and that all the legal requirements were met. The vote will be organised by Democratic Outcomes Pty Ltd, which is approved to do this kind of vote. The vote must be finished by 24 April 2024.

The main legal questions the Commission had to answer were if the union had followed the right steps to ask for the vote and if the vote organiser was approved to do it. The Commission checked the documents and found that the union had done everything correctly. They also confirmed that the vote organiser was approved to do this kind of vote. So, the Commission decided that the vote could go ahead.

The Commission looked at the information given by the union and found that everything was in order. They also checked that the vote organiser was approved to do this kind of vote. Since the employer did not object and all the legal requirements were met, the Commission decided to allow the vote to go ahead. They set the date for the vote to be finished by 24 April 2024.

The Commission issued an order for the vote to be organised by Democratic Outcomes Pty Ltd and set the date for the vote to be finished by 24 April 2024. Another member of the Commission will conduct a meeting to make sure the parties are ready to talk about the proposed agreement. This meeting will be important to help the parties reach an agreement.

United Workers' Union v Ingram Micro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established