United Workers' Union v Russell Corp Australia Pty Ltd Summary

[2024] FWC 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Russell Corp Australia Pty Ltd

(B2024/829)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 JULY 2024

Proposed protected action ballot of employees of Russell Corp Australia 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 Russell Corp Australia Pty Ltd (Russell or Employer).

On 1 July 2024, 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 Steve Howie, 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 it, 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 the Australian Electoral Commission.

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 12 August 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 PR776580.

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 as sought in the application and which is the period required by the AEC.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers’ Union sought a protected action ballot order under section 437 of the Fair Work Act 2009 in relation to employees of Russell Corp Australia Pty Ltd. The employer did not object to the application, leading to the matter being decided on the papers without a hearing. The Deputy President was satisfied that all requirements under section 443(1) of the Act had been met, including the notification time for the proposed agreement, based on the material presented and the declaration from Steve Howie, the Organiser.

The key legal issues before the court were whether the union had genuinely attempted to reach an agreement with the employer and if all procedural requirements under the Fair Work Act had been satisfied. The Deputy President determined that the union had indeed made genuine efforts to negotiate and that the application met all necessary criteria. Consequently, the court granted the order for a protected action ballot, specifying that the Australian Electoral Commission would conduct the ballot, with voting to close on 12 August 2024.

The court established this date to ensure compliance with section 443(3)(c) of the Act and set the ballot period accordingly. Additionally, the matter was assigned to another member of the Commission for a compulsory conciliation conference, which would require the attendance of all bargaining representatives. Directions were anticipated to ensure that the parties were prepared to engage in meaningful negotiations. This decision effectively set the stage for the next phase of the dispute resolution process, ensuring that both parties were ready to participate in conciliation efforts.

United Workers' Union v Russell Corp Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established