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

[2024] FWC 2911

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

(B2024/1343)

DEPUTY PRESIDENT BOYCE

SYDNEY, 21 OCTOBER 2024

Proposed protected action ballot of employees of Woolworths Group Ltd covered by Wodonga Regional Distribution Centre Agreement 2021 - 2024 (AE514239).

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 Mark Schmidt, 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 PR780420.

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 United Workers' Union (UWU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Woolworths Group Ltd, trading as Woolworths. The union sought to conduct a ballot related to employees covered by the Wodonga Regional Distribution Centre Agreement 2021-2024. Woolworths did not object to the application, allowing the matter to be determined on the papers without a hearing. The application was based on the union's declaration of genuine attempts to reach an agreement with Woolworths during bargaining.

The legal issues the court had to decide included whether the union met the statutory requirements to conduct a protected action ballot, including the notification period and the meeting of all conditions under section 443 of the Act. The court had to consider if the union genuinely tried to reach an agreement with the employer and if there were exceptional circumstances warranting an extended notice period for the industrial action. Additionally, the court needed to determine the closing date for the voting period and ensure the ballot was conducted by an approved agent.

The Fair Work Commission found that the union had fulfilled all necessary requirements to conduct the ballot, including meeting the notification period and the genuine attempt to negotiate. The court was satisfied with the union's declaration and the employer's lack of objection. It determined that an extended written notice period of four working days was justified due to relevant exceptional circumstances. The court set 4 November 2024 as the closing date for the voting period and authorised Democratic Outcomes Pty Ltd to conduct the ballot. The court also issued an order for a compulsory conciliation conference to be held, requiring all bargaining representatives to attend and be prepared for meaningful negotiations.

The final orders included the approval of the ballot, the designation of the voting period, the extended notice period for specified items, and the requirement for a conciliation conference. The commission also noted that the matter would be assigned to Deputy President Boyce for the conciliation proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established