United Workers' Union v The Jane Franklin Hall

[2024] FWC 2633

[2024] FWC 2633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

The Jane Franklin Hall

(B2024/1246)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 25 SEPTEMBER 2024

Proposed protected action ballot of employees of The Jane Franklin Hall

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 The Jane Franklin Hall (Jane Franklin or Employer). 

1. On 24 September 2024, the Commission was initially advised that the Employer objected to the Application on various grounds. In that light I scheduled a hearing for today to determine the application. In the lead up to the scheduled hearing, the UWU filed additional submissions and evidence and the Employer advised that it no longer pressed its objections.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing. 

1. On the basis of the material before me, including the declaration and statement of Ashley Wilton, Union 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 Jane Franklin, 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 Australian Electoral Commission (AEC). 

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 6 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. An Order has been separately issued in PR779556. 

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 for 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, which is the minimum period required by the AEC.

Printed by authority of the Commonwealth Government Printer

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