United Workers' Union v Sealed Air Australia Pty Limited T/A Sealed Air Australia

[2023] FWC 2548

[2023] FWC 2548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Sealed Air Australia Pty Limited T/A Sealed Air Australia

(B2023/1042)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 5 OCTOBER 2023

Proposed protected action ballot of employees of Sealed Air Australia Pty Limited Trading As Sealed Air Australia

1. 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 Sealed Air Australia Pty Limited T/A Sealed Air Australia (Sealed Air Australia or Employer), who are currently covered by the Sealed Air Australia Pty Ltd (Tullamarine) & United Workers Union Enterprise Agreement – 2021- 2023. 

1. On 3 October 2023, the Commission was advised that Sealed Air Australia did not, in effect, object to the Application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing. In so doing, the Commission put the Parties on notice that certain editorial changes to the group of employees to be balloted as set out in the Order would be made. No objections were raised by the parties.

1. On the basis of the material before me, including the declaration of Mr Robert Gee, 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 Sealed Air Australia, 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/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot.

1. 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 17 October 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766807.

1. I confirm that the sequence of Clauses 6 to 8 in the proposed order was rearranged. Clauses 6.3 and 7.3 of the proposed order were also amended to reflect the statutory obligations under Regulation 3.15 of the Fair Work Regulations 2009.

1. 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 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.

DEPUTY PRESIDENT

[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, 7 days from the Commencement Date of the ballot, as sought in the application.   

Printed by authority of the Commonwealth Government Printer

<PR766808>