United Workers' Union v Origin People Pty Ltd T/A Padre Coffee

[2025] FWC 2396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Origin People Pty Ltd T/A Padre Coffee

(B2025/1291)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2025

Proposed protected action ballot of employees of Origin People 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 Origin People Pty Ltd trading as Padre Coffee (Padre Coffee or Employer).

On 15 August 2025, 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 Fin Mulveney, 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 Padre Coffee, 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 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 26 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790741.

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 was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union has applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Origin People Pty Ltd, trading as Padre Coffee. The application was made under section 437 of the Fair Work Act 2009, seeking authorisation for a ballot to allow the employees to take protected industrial action. The Employer did not object to the application and the matter was determined on the papers without a hearing.

The Commission had to decide whether the Union had genuinely tried to reach an agreement with the Employer and whether the requirements of section 443(1) of the Act had been met. The Union's declaration by Fin Mulveney, an Organiser, outlined the bargaining steps taken with the Employer. The Commission was satisfied that a notification period existed in relation to the proposed agreement and that all requirements of section 443(1) of the Act were fulfilled.

In granting the application, the Deputy President determined that the Australian Electoral Commission would conduct the ballot, with voting to close on 26 September 2025. This date was effectively 30 working days from the issuance of the Order and aligned with the period sought in the application. The matter will be assigned to another member of the Commission for a compulsory conciliation conference under section 448A of the Act. An Order has been issued separately and it is likely that directions will also be issued to ensure that the parties attend the conference prepared to engage in meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established