United Workers' Union v Super Retail Group Limited Summary

[2024] FWC 1843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Super Retail Group Limited

(B2024/872)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 12 JULY 2024

Proposed protected action ballot of employees of Super Retail Group Limited

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 Super Retail Group Limited (SRG or Employer).

The Employer initially objected to the application so I set the matter down for hearing on 12 July 2024. On 12 July 2024, the Commission was advised that the parties had reached an agreed position and consequently the Employer withdrew their objection 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 Mick Power, Coordinator, 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 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 29 July 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 PR776985.

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 the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the United Workers' Union (UWU) to hold a ballot for protected action among certain employees of Super Retail Group Limited (SRG). The UWU sought to hold the ballot under section 437 of the Fair Work Act 2009. Initially, SRG objected to the application, but later withdrew its objection, leading to the matter being resolved on the submitted documentation. The primary legal issue was whether the UWU had satisfied the conditions for holding a ballot, particularly the notification time for the proposed agreement, and whether the ballot agent, Democratic Outcomes Pty Ltd (CiVS), was appropriately authorised.

The Deputy President of the Fair Work Commission, Wright, determined the matter based on the documents provided, including the declaration of Mick Power, Coordinator, who attested that the UWU had been genuinely trying to reach an agreement with SRG. The Deputy President found that the UWU had met all the requirements of section 443(1) of the Act and was satisfied that a notification period existed for the proposed agreement. Additionally, CiVS was confirmed to be an approved ballot agent under section 468A of the Act. The Deputy President set 29 July 2024 as the closing date for voting, establishing the ballot period under section 448A(2) of the Act.

Consequently, the Fair Work Commission issued an order for the ballot to be conducted by CiVS, with a separate order issued in PR776985. The matter will be reassigned to another member of the Commission for a compulsory conciliation conference. This member will require the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Further directions will likely be issued to ensure that the parties are prepared for meaningful negotiations.

United Workers' Union v Super Retail Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established