DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Winc Australia Pty Ltd
(B2021/1034)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 26 OCTOBER 2021

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

[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 Ltd (Respondent).

[2] On 26 October 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 PR735223.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard a case between the United Workers' Union and Winc Australia Pty Ltd. The Union sought approval for a protected action ballot, which aimed to gauge the employees' support for potential industrial action. The company opposed the ballot, arguing it was premature and lacked the necessary grounds to justify such action. The Commission had to determine whether the Union's request for a ballot met the legal requirements under the Fair Work Act.

The key legal issue revolved around whether the Union had established sufficient grounds to warrant a protected action ballot. The Commission examined whether the Union had demonstrated that the employees were experiencing genuine workplace issues that warranted considering industrial action. This involved assessing the nature and extent of the alleged issues, as well as the Union's efforts to resolve them through existing dispute resolution mechanisms. The Commission also needed to ensure the ballot complied with the procedural requirements of the Fair Work Act.

In its decision, the Commission concluded that the Union had provided adequate evidence to justify the ballot. The Union had demonstrated that there were significant workplace issues affecting the employees, including concerns about pay rates, working conditions, and procedural fairness. The Commission found that the Union had made reasonable efforts to resolve these issues through negotiation and other available processes, but had been unsuccessful. The Commission determined that these circumstances warranted proceeding with a ballot to ascertain the employees' views on potential industrial action. Consequently, the Union's application was approved, allowing the ballot to proceed as requested.

United Workers' Union v Winc Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established