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

[2024] FWC 2907

[2024] FWC 2907

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 Woolworths

(B2024/1332)

DEPUTY PRESIDENT BOYCE SYDNEY, 21 OCTOBER 2024

Proposed protected action ballot of employees of Woolworths Group Ltd covered by Erskine Park Distribution Centre Agreement 2022 (AE514990).

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 Woolworths Group Ltd trading as Woolworths (Woolworths or Employer). 

1. On 18 October 2024, the Commission was advised that the Employer, in effect, did not object to the Application. 

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

1. On the basis of the material before me, including the declaration of Sharon Eurlings, 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 Woolworths, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act 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 4 November 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking the industrial action set out in the Order made by the Commission. The extended written notice period of four (4) working days applies to the items listed within Clause 5 of the Order.

1. The structure of the draft Order has been amended to reflect the Fair Work Commission’s standard template.

1. An Order has been separately issued in PR780411. 

1. This matter will be assigned to Deputy President Boyce to conduct the s.448A compulsory conciliation conference. I will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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