United Workers' Union v Linfox Australia Pty Ltd Summary

[2024] FWC 2343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Linfox Australia Pty Ltd

(B2024/1116)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2024

Proposed protected action ballot of employees of Linfox 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 Linfox Australia Pty Ltd (Linfox or Employer).

On 2 September 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 Nick Gordon, Union 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 Linfox, 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 (AEC).

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 PR778835.

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, 30 working days from the making of the Order and is the minimum period required by the AEC.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the United Workers’ Union (UWU) for a protected action ballot order under section 437 of the Fair Work Act 2009. The application was related to certain employees of Linfox Australia Pty Ltd. The Commission was informed that Linfox did not object to the application. As a result, the matter was decided based on the submitted documents without the need for a hearing.

The legal issues involved determining whether the UWU had met all the requirements of section 443(1) of the Act and whether the application for a ballot order was justified. The Commission was satisfied that all conditions had been fulfilled, including the existence of a notification time for the proposed agreement and the UWU's genuine efforts to reach an agreement with Linfox. The Commission also determined that the Australian Electoral Commission would conduct the ballot, setting the closing date for voting as 15 October 2024. This date establishes the ballot period for the purposes of section 448A(2) of the Act.

The Deputy President concluded that the UWU had met all necessary conditions and granted the application. The Commission assigned another member to conduct a compulsory conciliation conference, requiring the attendance of all bargaining representatives. Directions would likely be issued to ensure meaningful negotiations. An order was issued separately in PR778835, and this matter was assigned to another member for further proceedings.

United Workers' Union v Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established