United Workers' Union v Pernod Ricard Winemakers Pty Ltd

[2024] FWC 1610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union

Pernod Ricard Winemakers Pty Ltd

(B2024/782)

DEPUTY PRESIDENT BOYCE

SYDNEY, 20 JUNE 2024

Proposed protected action ballot of employees of Pernod Ricard Winemakers Pty Ltd

This is an application by the United Worker’s 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 Pernod Ricard Winemakers Pty Ltd (Pernod or Employer).

On 20 June 2024, the Commission was advised that the Employer 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 Tasha Linke, 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 Pernod, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 5 July 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 PR776215.

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 for 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 the date specified in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Worker’s Union applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Pernod Ricard Winemakers Pty Ltd. The application was made to allow the union to conduct a ballot on proposed protected action concerning an enterprise agreement. The employer did not object to the application, leading the Deputy President to determine the matter on the provided documentation without the need for a hearing. The Deputy President found that the union had met all the requirements under section 443(1) of the Act and was genuinely attempting to reach an agreement with the employer.

The legal issues the court had to decide included whether the union had genuinely been attempting to reach an agreement, whether the notification period was appropriate, and if all procedural requirements under the Act had been met. The Deputy President concluded that the union had met all the criteria, including the notification time, and that the requirements under section 443(1) of the Act had been fulfilled. Furthermore, the Deputy President determined that the voting period for the ballot would close on 5 July 2024, as specified in the application.

The court found in favour of the union and ordered that the ballot be conducted by TrueVote Pty Ltd, which is an approved agent for such purposes. The Deputy President also determined that a compulsory conciliation conference would be conducted, and a separate order was issued to require the attendance of all bargaining representatives for the proposed enterprise agreement. This decision ensures that the parties will participate in meaningful negotiations, as indicated by the forthcoming directions.

An order has been issued, and the matter will be assigned to another Member of the Commission to conduct the compulsory conciliation conference. This will involve issuing an order for the attendance of all bargaining representatives and likely issuing directions to ensure the parties are prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established