United Workers' Union v Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

[2023] FWC 2987

[2023] FWC 2987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

(B2023/1248)

DEPUTY PRESIDENT WRIGHT SYDNEY, 15 NOVEMBER 2023

Proposed protected action ballot of employees of Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates

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 Treasury Wine Estates Vintners Ltd T/A Treasury Wine Estates (Treasury Wine or Employer). 

1. On 14 November 2023, the Commission was advised that Treasury Wine did not, in effect, object to the Application.[1]

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 Ms Anne Purdy, 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 Treasury Wine, 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[2] 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 29 November 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768292.

1. I am satisfied, based on the terms of the agreement reached between the parties, that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying extended periods of written notice for the purposes of s.414(2)(b) when taking industrial action as set out in the Order made by the Commission.

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 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] The parties held discussions on 14 November 2023 regarding the application and agreed to include an extended notice period for protected industrial action.

[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[3] This is, in effect, 14 days from the Commencement Date of the Order, as sought by the Applicant.  

Printed by authority of the Commonwealth Government Printer

<PR768293>