| [2023] FWC 2252 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
United Workers’ Union
v
Lactalis Australia Pty Ltd T/A Lactalis Australia
(B2023/931)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 5 SEPTEMBER 2023 |
Proposed protected action ballot of employees of Lactalis Australia 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 Lactalis Australia Pty Ltd T/A Lactalis Australia (Lactalis or Employer).
On 5 September 2023, the Commission was advised that Lactalis did not, in effect, 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 David Bish, 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 Lactalis, 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 T/A CiVS (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 28 September 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR765875.
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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.
[2] This date was specified in the proposed order and is, in effect, seventeen (17) working days from the date effect of the Order.
Printed by authority of the Commonwealth Government Printer
<PR765874>
- AGLC
- United Workers' Union v Lactalis Australia Pty Ltd T/A Lactalis Australia [2023] FWC 2252
- Case
- [2023] FWC 2252
- Decision Date
CaseChat Overview and Summary
The legal issues for the Commission to address included whether the UWU had satisfied the conditions for holding a protected action ballot, particularly whether the union had genuinely attempted to reach an agreement with Lactalis. The Commission found that the UWU had met all the requirements under section 443(1) of the Act, including demonstrating a notification time and genuine bargaining efforts. The Commission also confirmed that the ballot agent, Democratic Outcomes Pty Ltd T/A CiVS, was approved and authorised to conduct the ballot.
The Commission determined that the ballot should close on 28 September 2023, establishing the ballot period for the purposes of the Act. A separate order was issued to mandate a compulsory conciliation conference under section 448A, with directions to ensure meaningful negotiations between the parties. The matter will be reassigned to another member of the Commission for the conciliation conference.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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