Fair Work Act 2009

s.437 - Protected action

Woolworths Group Limited and Queensland Properties Investments Pty Limited

Proposed protected action ballot of employees of Woolworths Group Limited and Queensland Properties Investments Pty Limited.

• [1] The United Workers' Union (UWU) has made an application for a protected action ballot order (PABO) pursuant to s. 437 of the Fair Work Act 2009.

• [2] The application seeks to ballot employees of Woolworths Group Limited and Queensland Properties Investments Pty Limited (together, the Respondents) who are members of, and represented by, the UWU for a proposed agreement to replace the Woolworths Sydney Regional Distribution Centre Enterprise Agreement 2019 (the Agreement) which has passed its nominal expiry date of 3 August 2022.

• [3] The Respondents did not oppose the making of the protected action ballot order. However, the Respondents sought to extend the period of notice referred to in s.414(2)(a) of the Act from three working days to seven working days.

• [4] Following a conference conducted by telephone on 20 October 2022, the parties reached a consent position that the period of notice be extended to five working days.

• [5] Section 443(5) of the Act provides that if there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) being longer than three working days, the protected action ballot order may specify a longer period of up to seven working days.

• [6] I am satisfied, based on the Respondents' written submissions and the accompanying witness statement of Mr Stephen Field filed on 14 October 2022, that there are exceptional circumstances to justify an extension of the notice period specified in s.414 (2)(a) of the Act to five working days.

• [7] I have therefore determined to exercise my discretion to grant an extension of the notice period. I am satisfied that an extension of the notice period from three working days to five working days is appropriate in all the circumstances.

• [8] On the basis of the material before me, including the statutory declaration of Mr Daniel Peatey of the UWU which set out the steps taken in bargaining with the Respondents, I am satisfied that the UWU has been, and is, genuinely trying to reach agreement with the Respondents, that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act have been met. Accordingly, the protected action ballot order must be made.

• [9] The UWU sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). On the basis of the declaration provided by Mr Michael M Michael, Managing Director of CiVs, I am satisfied that CiVS is a fit and proper person to conduct the ballot and that the requirements prescribed by Reg3.11 of the Fair Work Regulations 2009 are met. Accordingly, CiVS is appointed as the protected action ballot agent.

• [10] Directions for the conduct of the protected action ballot in accordance with s.450 of the Act have been incorporated into the Order, issued separately in PR747032.

Printed by authority of the Commonwealth Government Printer