United Workers' Union v SkyCity Adelaide Pty Ltd Summary

[2024] FWC 3208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

SkyCity Adelaide Pty Ltd

(B2024/1495)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 20 NOVEMBER 2024

Proposed protected action ballot of employees of SkyCity Adelaide 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 SkyCity Adelaide Pty Ltd (SkyCity or Employer).

On 20 November 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 Jenna Christie, 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 SkyCity, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 December 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 PR781464.

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

CaseChat Overview and Summary

The Fair Work Commission heard an application by the United Workers' Union (UWU) for a protected action ballot order concerning certain employees of SkyCity Adelaide Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The UWU sought to conduct the ballot to pursue a proposed agreement with SkyCity, aiming to address certain employment conditions. The employer, SkyCity, did not object to the application, leading to the Commission deciding to determine the matter based on the submitted documents without a hearing.

The legal issues before the Commission included whether the UWU had genuinely attempted to reach an agreement with SkyCity and if all the statutory requirements for a protected action ballot were met. The UWU submitted a declaration by Jenna Christie, an Organiser, detailing the bargaining process and the union's efforts to reach an agreement. The Commission had to assess whether the UWU's actions satisfied the conditions outlined in section 443 of the Act, including the notification period for the proposed agreement.

The Deputy President, Clancy, found that the UWU had genuinely tried to reach an agreement with SkyCity and that all requirements under section 443(1) of the Act were fulfilled. Consequently, the Commission granted the UWU's application for a protected action ballot. The ballot would be conducted by Democratic Outcomes Pty Ltd, an approved agent under section 468A of the Act. The voting period was set to close on 4 December 2024, which equates to 10 working days from the issuance of the order. The Commission also assigned another member to conduct a compulsory conciliation conference under section 448A of the Act, to ensure meaningful negotiations between the parties.

The final orders included granting the UWU's application for a ballot and setting the voting closure date. Further, the Commission directed the attendance of all bargaining representatives at the conciliation conference and issued directions to facilitate meaningful negotiations. These steps were aimed at resolving the dispute and reaching a potential agreement.

United Workers' Union v SkyCity Adelaide Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established