United Workers' Union v Ridley AgriProducts Pty Ltd Summary

[2025] FWC 2496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Ridley AgriProducts Pty Ltd

(B2025/1339)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 AUGUST 2025

Proposed protected action ballot of employees of Ridley AgriProducts 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 Ridley AgriProducts Pty Ltd (Ridley or Employer). The Commission understands that the parties are bargaining for an enterprise agreement to replace the Ridley AgriProducts & United Workers Union – Bendigo Wellsford – Enterprise Agreement 2022.

On 25 August 2025, Ridley advised that it did not object to the application subject to there being an extended minimum notice period in relation to the proposed forms of industrial action in questions one (1) and three (3) of clause 5 of the order. The parties ultimately agreed, in effect, that there were relevant circumstances and that an extended notice period of five working days in relation to the proposed forms of industrial action was appropriate.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of David Bish, 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 Ridley, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 8 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

Pursuant to s.443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in s.414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from question one (1) and three (3) in clause 5 of the Order.

An Order has been separately issued in PR791025.

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, 10 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

The United Workers' Union (UWU) applied to the Fair Work Commission (FWC) for a protected action ballot order concerning certain employees of Ridley AgriProducts Pty Ltd (Ridley). The application was made under section 437 of the Fair Work Act 2009, and the parties were in the process of bargaining for a new enterprise agreement to replace the existing agreement from 2022. The Commission was asked to grant the order to allow the employees to vote on potential industrial action.

The primary legal issue before the FWC was whether the conditions stipulated in section 443 of the Act had been met, which require a notification time and genuine attempts to reach an agreement. The FWC also had to consider the appropriate notice period for the proposed industrial action, given that Ridley did not object to the application, but requested an extended notice period. Additionally, the FWC needed to determine a suitable date by which the voting should close, and whether there were exceptional circumstances warranting an extended notice period beyond the standard three working days.

The Deputy President concluded that all requirements under section 443 of the Act were met, based on the evidence provided by the UWU, including the declaration of David Bish, Organiser, which demonstrated the union's genuine efforts in bargaining. The FWC granted leave to amend the application and decided the matter on the papers without a hearing. It was determined that there were exceptional circumstances justifying an extended notice period of five working days for the specified industrial actions. The ballot was to be conducted by Fair Vote Services Pty Ltd, an approved agent under section 468A of the Act. The closing date for voting was set as 8 September 2025, establishing the ballot period under section 448A(2) of the Act.

The FWC issued an order in PR791025, and the matter was assigned to another Member of the Commission to conduct the compulsory conciliation conference. Further orders were expected to ensure meaningful negotiations between the parties.

United Workers' Union v Ridley AgriProducts Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established