Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Queensland Breweries Pty Ltd

• [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 Queensland Breweries Pty Ltd (Queensland Breweries or Employer).

• [2] Each of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

• [3] The Employer raised objections to this application. The parties were able to reach agreement in relation to the objections. As a consequence, the Employer no longer objects, and the parties consent to the order being made.

• [4] Given the parties were able to reach consent I have decided to determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Casey Whelan, 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 Queensland Breweries, 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.

• [6] 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[2] and consequently is authorised to conduct the ballot.

• [7] 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 31 July 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR789748.

• [9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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.

[2] Application by Fair Vote Services Pty Ltd [2024] FWC 1775.

[3] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

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