United Workers' Union v Officeworks BusinessDirect Pty Ltd Summary

[2024] FWC 2919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Officeworks BusinessDirect Pty Ltd

(B2024/1373)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 OCTOBER 2024

Proposed protected action ballot of employees of Officeworks BusinessDirect 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 Officeworks BusinessDirect Pty Ltd (Officeworks or Employer).

On 22 October 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 Alycia Economidis, Co-ordinator (Logistics), 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 Officeworks, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 14 November 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 PR780445.

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, 16 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) applied for a protected action ballot order concerning certain employees of Officeworks BusinessDirect Pty Ltd (Officeworks). The application was made under section 437 of the Fair Work Act 2009, seeking to conduct a ballot to determine if employees wish to take protected action. The Fair Work Commission, represented by Deputy President Hampton, was tasked with deciding whether the UWU had met the necessary criteria for such an order.

The primary legal issue before the Commission was whether the UWU had satisfied all the requirements stipulated in section 443(1) of the Act, including the notification time for the proposed agreement and the genuine attempt to reach an agreement with Officeworks. The Commission also needed to determine if the ballot agent, Democratic Outcomes Pty Ltd (CiVS), was appropriately approved under section 468A of the Act. Given that Officeworks did not object to the application, the Deputy President Hampton decided to determine the matter based on the submitted documents without holding a hearing.

Upon reviewing the material submitted, including the declaration by Alycia Economidis, the Co-ordinator (Logistics) for the UWU, the Deputy President was satisfied that the UWU had genuinely attempted to reach an agreement with Officeworks and that all statutory requirements had been met. The Commission approved CiVS as a ballot agent and set the closing date for voting as 14 November 2024. The Commission also scheduled a compulsory conciliation conference to be conducted by another member of the Commission to ensure meaningful negotiations between the parties. The Deputy President issued an order establishing these details and assigned the matter for further proceedings.

This decision confirms the approval of the protected action ballot and sets the parameters for its conduct, including the appointment of the ballot agent and the voting deadline. The Commission will further ensure that the parties engage in conciliation to resolve any disputes over the proposed agreement.

United Workers' Union v Officeworks BusinessDirect Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established