DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Winc Australia Pty Limited
(B2021/705)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 24 AUGUST 2021

Proposed protected action ballot of employees of Winc Australia Pty Limited.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Winc Australia Pty Limited (Respondent).

[2] On 24 August 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Alex Snowball of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR733149.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the United Workers' Union and Winc Australia Pty Limited, with the dispute centering on the union's proposed ballot of employees for protected industrial action. The Union sought to hold a ballot to ascertain the employees' support for potential industrial action, which Winc opposed on the grounds that it believed the ballot was not related to an existing dispute or a protected action. The Commission was tasked with determining the legitimacy of the ballot and whether it should proceed.

The legal issues that the Fair Work Commission had to resolve included whether the proposed ballot was genuinely for the purpose of protected action and whether it related to an existing dispute or a protected action as required under the Fair Work Act 2009. The Commission also needed to consider if the ballot was in compliance with the procedural requirements of the Act, including whether the ballot notice was properly issued and if the requisite notice period was observed.

In its decision, the Commission found that the proposed ballot was indeed for the purpose of protected action and related to an existing dispute. The Commission held that the ballot was necessary to ascertain the employees' support for potential industrial action, which was a legitimate objective under the Act. The Commission further determined that the procedural requirements of the Act had been satisfied, including the proper issuance of the ballot notice and the observance of the requisite notice period. Consequently, the Commission ruled in favor of the Union, allowing the proposed ballot to proceed.

The Fair Work Commission's final orders mandated that Winc Australia Pty Limited facilitate the conduct of the ballot as per the Union's proposal, ensuring all legal and procedural requirements were adhered to. The Commission also directed both parties to cooperate in the execution of the ballot, emphasizing the importance of maintaining a fair and transparent process.

United Workers' Union v Winc Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established