United Workers' Union v Woolworths Group Ltd T/A Primary Connect Summary

[2025] FWC 1449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Woolworths Group Ltd T/A Primary Connect

(B2025/823)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 MAY 2025

Proposed protected action ballot of employees of Woolworths Group Ltd T/A Primary Connect

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 Woolworths Group Ltd trading as Primary Connect (Primary Connect or Employer). The Commission understands the parties are bargaining for an enterprise agreement to replace the Hoppers Crossing Distribution Centre Enterprise Agreement 2023.

On 26 May 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

On the basis of the material before me, including the declaration of Tegan Milliken, Senior 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 Primary Connect, 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.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 June 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR787681.

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 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] This is, in effect, 12 calendar days from the anticipated commencement of the ballot noting that the period sought in the application would fall on a weekend and the date has been moved to the next available working day.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Workers' Union v Woolworths Group Ltd T/A Primary Connect, the Fair Work Commission (FWC) was called upon to decide on an application by the United Workers' Union (UWU) for a protected action ballot order concerning certain employees of Woolworths Group Ltd, trading as Primary Connect. The application was made under section 437 of the Fair Work Act 2009, seeking to facilitate a ballot for potential protected actions in the context of ongoing enterprise agreement negotiations between the UWU and Primary Connect. The FWC determined the matter based on the submitted documents and the absence of objections from the employer.

The primary legal issue the FWC addressed was whether the UWU had met the statutory requirements to conduct a protected action ballot. This involved verifying if the union had genuinely attempted to reach an agreement with the employer and if all procedural prerequisites under the Fair Work Act were satisfied. The union's declaration from Tegan Milliken, Senior Organiser, was key in demonstrating the union's good faith efforts in bargaining and the existence of a notification period for the proposed agreement.

The FWC concluded that all the requirements under section 443(1) of the Act were fulfilled, granting the application. The Deputy President also set the closing date for voting in the ballot as 10 June 2025, which was adjusted to avoid falling on a weekend. Furthermore, the FWC mandated the use of Fair Vote Services Pty Ltd, an approved ballot agent, to conduct the ballot. The matter was subsequently referred for a compulsory conciliation conference under section 448A, with directions to be issued to ensure meaningful negotiations.

The FWC's decision ultimately resulted in the granting of a protected action ballot order, setting the procedural framework for the upcoming ballot and the subsequent compulsory conciliation conference. This ensures that the bargaining process continues under fair and regulated conditions, aiming to resolve the ongoing negotiations effectively.

United Workers' Union v Woolworths Group Ltd T/A Primary Connect

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established