United Workers' Union v Metcash Trading Limited

[2022] FWC 737

[2022] FWC 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Metcash Trading Limited

(B2022/240)

DEPUTY PRESIDENT DEAN CANBERRA, 4 APRIL 2022

Proposed protected action ballot of employees of Metcash Trading Limited.

1. This is an application by the United Workers’ Union (UWU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Metcash Trading Limited (Respondent).

1. Correspondence in relation to this application has taken place between the parties and the Commission during the past week. While the application was not opposed by the Respondent, it sought to vary the date the ballot would close and the date by which the Respondent must provide the Ballot Agent with the list of employees.

1. Neither party sought to be heard and were content to rely on the material that had been submitted via email. Having considered this material, I am satisfied that the variations sought by the Respondent to the draft order are appropriate for the reasons outlined by the Respondent.

1. On the basis of the material before me, including the declaration of Tegan Milliken of UWU made on 25 March 2022, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. The UWU sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). On the basis of the declaration provided by Mr Michael M Michael, Managing Director of CiVs, I am satisfied that CiVS is a fit and proper person to conduct the ballot and that the requirements prescribed by Reg3.11 of the Fair Work Regulations 2009 are met. Accordingly, CiVS is appointed as the protected action ballot agent.

1. Directions for the conduct of the protected action ballot in accordance with s.450 of the Act have been incorporated into the Order, issued separately in PR739943.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739942>