United Workers' Union v Paper Australia Pty Ltd T/A Opal Australian Paper

[2023] FWC 3000

[2023] FWC 3000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Paper Australia Pty Ltd T/A Opal Australian Paper

(B2023/1256)

COMMISSIONER JOHNS MELBOURNE, 16 NOVEMBER 2023

Proposed protected action ballot of employees of Paper Australia Pty Ltd Trading As Opal Australian Paper.

1. The United Workers’ Union (UWU or Applicant) made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Paper Australia Pty Ltd T/A Opal Australian Paper (Opal or Employer). 

1. On 15 November 2023, Opal raised concerns in relation to certain clauses contained within the Applicant’s proposed order.[1] The Applicant did not object to the removal of those clauses.

2. In the circumstances, and at the suggestion of the parties, I have decided to determine the matter on the papers without holding a hearing.

3. On the basis of the material before me, including the declaration of Mr David Harris, Organiser, which

a)sets out the steps taken by the UWU in bargaining with the Employer and

b)establishes that the UWU has been, and is, genuinely trying to reach agreement with Opal,

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.  

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd t/as CiVS (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.[2]

2. 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 30 November 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768333.

2. This matter will be assigned to me to conduct the s.448A compulsory conciliation conference. I 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.

COMMISSIONER

[1] Clauses 11.2 and 11.3.

[2] Democratic Outcomes Pty Ltd t/as CiVS [2023] FWC 1400.

[3] This is, in effect, 10 working days from the date of the Order, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR768332>