United Workers' Union v Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited T/A RSPCA (SA)

[2025] FWC 2465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited T/A RSPCA (SA)

(B2025/1316)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 AUGUST 2025

Proposed protected action ballot of employees of Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited T/A RSPCA (SA)

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 Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited trading as RSPCA (SA) (RSPCA or Employer).

On 21 August 2025, the Employer ultimately advised that it did not object to the application and did not seek to press its amendments to the proposed order.

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 Kelley Edwards, Lead Organising Official, 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 RSPCA, 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 4 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 PR790916.

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. This is marginally longer than sought in the application having regard to all the circumstances of the matter including those factors identified in CEPU v Nilsen (NSW) Pty Ltd[2023] FWCFB 134, [66].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) made an application under the Fair Work Act 2009 to the Fair Work Commission for a protected action ballot order in relation to employees of the Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited, trading as RSPCA (SA). The application sought to conduct a protected action ballot to authorize potential industrial action by the employees. The Commission was required to determine whether the UWU had met all statutory requirements for such a ballot and if the ballot should be conducted.

The primary legal issue before the Deputy President was whether the UWU had met the notification time requirements and all other statutory obligations under section 443(1) of the Fair Work Act. This involved examining the steps taken by the UWU in bargaining with RSPCA (SA), including the UWU's efforts to reach an agreement and their adherence to the bargaining process. Additionally, the Deputy President had to determine an appropriate closing date for the ballot period under section 443(3)(c) of the Act, taking into account relevant factors and precedents.

The Deputy President found that the UWU had met all statutory requirements for the ballot, including the notification time and the steps taken in bargaining. Given that RSPCA (SA) did not object to the application and did not seek to amend the proposed order, the Deputy President determined the matter on the papers without a hearing. The Deputy President concluded that Fair Vote Services Pty Ltd, an approved ballot agent, would conduct the ballot, and set the closing date for voting as 4 September 2025. This decision also established the ballot period for the purposes of section 448A(2) of the Act. Consequently, an Order was issued, and the matter was assigned to another Member of the Commission for a compulsory conciliation conference to facilitate further negotiations.

This outcome ensures that the protected action ballot can proceed, with all necessary procedural requirements being satisfied. The Deputy President's decision was made in light of the evidence presented and the statutory framework governing protected industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established