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

[2024] FWC 2910

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

(B2024/1341)

DEPUTY PRESIDENT BOYCE

SYDNEY, 21 OCTOBER 2024

Proposed protected action ballot of employees of Woolworths Group Ltd covered by Melbourne South Regional Distribution Centre Agreement 2022 (AE519111).

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 Pty Ltd trading as Woolworths (Woolworths or Employer).

On 18 October 2024, 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 Gulshen (Julie) Kamber, 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.

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.

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.

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.

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

An Order has been separately issued in PR780417.

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

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers’ Union for an order to allow a protected action ballot of employees of Woolworths Group Ltd, specifically those covered by the Melbourne South Regional Distribution Centre Agreement 2022. The application was made under section 437 of the Fair Work Act 2009. Woolworths did not object to the application, leading the Commission to decide the matter on the papers without a hearing. The application was supported by a declaration from Gulshen (Julie) Kamber, an Organiser for the union, who attested to the union's genuine attempts to reach an agreement with Woolworths.

The legal issues before the Commission were whether the union had met the requirements for a protected action ballot, including the notification time and the criteria under section 443(1) of the Act. Additionally, the Commission needed to determine if the proposed ballot agent, Democratic Outcomes Pty Ltd, was eligible under section 468A of the Act, and if there were exceptional circumstances justifying an extended notice period for the proposed industrial action. The Commission concluded that all requirements were met and that the proposed ballot agent was eligible.

In its decision, the Commission found that the union had met the necessary criteria for the ballot and that Democratic Outcomes Pty Ltd was an approved ballot agent. The Commission granted the application, setting the closing date for the ballot as 4 November 2024 and determining that an extended notice period of four working days was justified. The structure of the draft Order was aligned with the Fair Work Commission’s standard template. The Commission also scheduled a compulsory conciliation conference to be conducted by Deputy President Boyce, requiring the attendance of all bargaining representatives.

This decision was made to ensure that the union could proceed with the ballot while also facilitating further negotiations between the parties. The Commission's final orders were issued to facilitate the ballot and the upcoming conciliation conference.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established