United Workers' Union v Wilson Security Pty Ltd T/A Wilson Security

[2023] FWC 2821

[2023] FWC 2821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Wilson Security Pty Ltd T/A Wilson Security

(B2023/1171)

DEPUTY PRESIDENT WRIGHT SYDNEY, 27 OCTOBER 2023

Proposed protected action ballot of employees of Wilson Security 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 Wilson Security Pty Ltd T/A Wilson Security (Wilson Security or Employer). 

1. On 26 October 2023, the Commission was advised that Wilson Security 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.

2. On the basis of the material before me, including the declaration of Nicholas Richardson, Trade Union Official, 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 Wilson Security, 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 10 November 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 PR767660.[3]

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

[2] This is in effect 14 calendar days from the commencement date, as sought in the application.

[3] Questions 6 and 7 in the Draft Order submitted by the UWU are identical so Question 7 has been deleted and the balance of the questions have been renumbered.

Printed by authority of the Commonwealth Government Printer

<PR767661>