United Workers' Union v The Smith's Snackfood Company Pty Ltd

[2023] FWC 2443

[2023] FWC 2443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

The Smith's Snackfood Company Pty Ltd

(B2023/1012)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 SEPTEMBER 2023

Proposed protected action ballot of employees of The Smith’s Snackfood Company Pty Ltd

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 Smith’s Snackfood Company Pty Limited (Smith’s or Employer). 

1. I observe that there is a related application by the Australian Workers’ Union (AWU) in B2023/1000 and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) in B2023/1006. All applications relate to the same proposed enterprise agreement.

1. On 21 September 2023, the Commission was advised that Smith’s 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.

1. On the basis of the material before me, including the declaration of Mr Mick McKeown, 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 Smith’s, 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 5 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 PR766455.[3]

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with related matters B2023/1000 and B2023/1006. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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, seven (7) days from the Commencement Date of the Ballot, as sought in the proposed order.

[3] A preamble to the questions was included in Clause 5 of the Order.

Printed by authority of the Commonwealth Government Printer

<PR766456>