United Workers' Union v Woolworths Group Limited T/A Primary Connect Perth Regional Distribution Centre

[2022] FWC 2977

[2022] FWC 2977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Woolworths Group Limited T/A Primary Connect – Perth Regional Distribution Centre

(B2022/1662)

COMMISSIONER SCHNEIDER PERTH, 9 NOVEMBER 2022

Proposed protected action ballot of employees of Woolworths Group Limited T/As Primary Connect – Perth Regional Distribution Centre

1. The United Workers’ Union (UWU) has made an application for a protected action ballot order (the Applicant) pursuant to section 437 of the Fair Work Act 2009 (Cth) (the Act).

1. The application seeks to ballot employees of Woolworths Group Limited T/A Primary Connect at the Perth Regional Distribution Centre who are members of, and represented by, the UWU for a proposed agreement to replace the Woolworths Regional Distribution Centre (WA) Agreement 2018 (the Agreement) which has passed its nominal expiry date of 30 June 2022.[1]

1. On 4 November 2022, the Respondent indicated that it opposed the Application being granted. 

2. The Application was allocated to my Chambers on 8 November 2022 and was listed for a conference to commence on 9 November 2022. However, the parties have come to an agreement and the Respondent no longer holds any objections to the making of the order.   

1. The Respondent has sought to extend the period of notice referred to in section 414(2)(a) of the Act from three working days to seven working days. The parties have reached an agreement that the period of notice be extended to five working days.

1. Section 443(5) of the Act provides that if there are exceptional circumstances justifying the period of written notice referred to in section 414(2)(a) of the Act being longer than three working days, the protected action ballot order may specify a longer period of up to seven working days.

1. I am satisfied, based on the written submissions and the accompanying witness statement of Mr Stephen Field filed on 4 November 2022, that there are exceptional circumstances to justify an extension of the notice period specified in section 414(2)(a) of the Act to five working days.

1. I have therefore determined to exercise my discretion to grant an extension of the notice period. I am satisfied that an extension of the notice period from three working days to five working days is appropriate in all the circumstances.

1. On the basis of the material before me, including the statutory declaration of Mr Rhys James of the UWU which set out the steps taken in bargaining with the Respondent, I am satisfied that the UWU has been, and is, genuinely trying to reach agreement with the Respondent, that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act have been met. Accordingly, the protected action ballot order must be made.

1. The UWU sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). On the basis of the declaration provided by Mr Michael Michael, Managing Director of CiVs, I am satisfied that CiVS is a fit and proper person to conduct the ballot and that the requirements prescribed by regulation 3.11 of the Fair Work Regulations 2009 are met. Accordingly, CiVS is appointed as the protected action ballot agent.

1. Directions for the conduct of the protected action ballot in accordance with section 450 of the Act have been incorporated into the Order, issued separately in PR747777.

COMMISSIONER

[1] [AE500574].

Printed by authority of the Commonwealth Government Printer

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