United Workers' Union v Taylors Wines Pty Ltd Summary

[2024] FWC 1761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Taylors Wines Pty Ltd

(B2024/842)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 JULY 2024

Proposed protected action ballot of employees of Taylors Wines 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 Taylors Wines Pty Ltd (Taylors Wines or Employer).

On 4 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 Benjamin Reichstein, Lead 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 22 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 PR776704.

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, 12 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the United Workers' Union (UWU) for a protected action ballot order under section 437 of the Fair Work Act 2009. The proposed ballot concerned certain employees of Taylors Wines Pty Ltd, with the UWU seeking to conduct industrial action. Taylors Wines did not object to the application, and the Commission decided to determine the matter on the papers. The UWU's application was supported by the declaration of Benjamin Reichstein, the Lead Organiser, who detailed the union's efforts to negotiate with the employer.

The legal issues the Commission needed to decide included whether the notification period for the proposed agreement had been met, and whether all requirements of section 443(1) of the Act had been satisfied. Additionally, the Commission had to determine a closing date for voting in the ballot and confirm the authority of TrueVote Pty Ltd, the proposed ballot agent, under section 468A of the Act. The UWU's declaration provided evidence of genuine bargaining efforts, satisfying the Commission that all conditions for the ballot were met.

After considering the application and the supporting evidence, the Deputy President of the FWC concluded that the UWU had met all necessary requirements for the ballot. Consequently, an Order was issued for the ballot to be conducted by TrueVote, with voting to close on 22 July 2024. This date effectively established the ballot period under section 448A(2) of the Act. The matter will now proceed to a compulsory conciliation conference, which will be overseen by another member of the Commission. This conference aims to facilitate meaningful negotiations between the parties.

The FWC issued a separate Order assigning the matter to another Member for the compulsory conciliation conference and required all bargaining representatives to attend. Directions may also be issued to ensure the parties are prepared for effective negotiations. The decision concluded with the assignment of the matter for the conciliation conference, reflecting the Commission's commitment to resolving the dispute through negotiation.

United Workers' Union v Taylors Wines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established