United Workers' Union v The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods (Derrimut)
[2023] FWC 2575
•6 OCTOBER 2023
| [2023] FWC 2575 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
United Workers’ Union
v
The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods (Derrimut)
(B2023/1057)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 6 OCTOBER 2023 |
Proposed protected action ballot of employees of Regal Cream Products 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 The Trustee for Regal Cream Products Trust T/A Bulla Dairy Foods (Derrimut) (Bulla or Employer).
On 6 October 2023, the Commission was advised that Bulla did not, in effect, 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 Ms Amber Gardener, UWU 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 Bulla, 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 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.
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 23 October 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR766908.
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 involved 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.
[2] This is, in effect, eleven (11) working days from the date of the Order, as specified in the application.
Printed by authority of the Commonwealth Government Printer
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