On 14 August 2025, the Full Court of the Federal Court dismissed the Retail and Fast Food Workers Union’s (RAFFWU) challenge to the Fair Work Commission’s approval of the Woolworths Australian Food Group Agreement 2024.
Among other grounds, RAFFWU alleged that the employee ballot approving the agreement was invalid. The union claimed that ineligible casual employees were wrongly allowed to vote, which undermined the integrity of the process.
This challenge went to the heart of whether the agreement had been “genuinely agreed to” as required under the Fair Work Act 2009 (Cth).
The Argument on Ballot Validity
RAFFWU’s argument was simple:
- Eligibility breach: The Act limits voting to employees who are, or would be, covered by the proposed agreement. RAFFWU alleged that some casual employees outside this group were wrongly included in the ballot.
- Integrity risk: By allowing ineligible employees to vote, Woolworths allegedly tainted the process. According to the union, even a small number of irregular votes could be fatal, because the statutory framework demands strict compliance.
The Court’s Discussion
The Court did not dismiss the possibility that some casual employees had been wrongly permitted to cast a vote. Instead, its reasoning turned on the materiality of any error.
- Margin matters: The ballot had been passed by an overwhelming majority. The Court observed that even if the disputed casual votes were excluded, the outcome would have been the same.
- Genuine agreement preserved: Because the result was decisive, the inclusion of ineligible voters did not undermine the fact that a genuine majority of eligible employees supported the agreement.
- Practical approach: The Court emphasised that the legislation requires a practical and purposive reading. Technical missteps in the ballot process will not invalidate an agreement unless they materially affect the outcome.
This approach reflects a broader judicial trend: enterprise agreement processes are scrutinised carefully, but courts will not overturn agreements lightly where errors are immaterial.
The Outcome
The Full Court concluded that:
- Ballot integrity was not compromised. Even if ineligible casuals voted, the decisive margin meant the challenge could not succeed.
- Agreement validly made. The Woolworths enterprise agreement was lawfully approved by the Fair Work Commission.
- Union’s application dismissed. RAFFWU’s case failed on the ballot issue, along with its other challenges relating to the BOOT, explanations, and procedural fairness.
Key Lessons for Employers
The ballot findings in this case provide practical guidance for organisations negotiating enterprise agreements:
- Check Eligibility Early: Employers should carefully map out which employees are eligible to participate in a ballot. Clear protocols and eligibility audits reduce the risk of error.
- Document the Process: Maintaining a strong paper trail—including voting lists, eligibility checks, and communications—helps demonstrate compliance if challenged.
- Materiality Is Key: While perfection is not required, employers should remember that the real test is whether any ballot error could have altered the outcome. Courts and the FWC will focus on substance, not technicalities.
- Transparency Wins Trust: Even if third-party misinformation arises, as it did here, courts will prioritise the accuracy of an employer’s official communications. Clear, consistent messaging builds confidence in the process.
Final Thoughts
The Woolworths case demonstrates that while unions may challenge enterprise agreements on ballot grounds, courts will look closely at whether any irregularities are material to the outcome. For employers, the decision provides reassurance: small slip-ups in ballot eligibility will not automatically derail an agreement, particularly where there is a clear and decisive majority.
However, the case is also a reminder that ballot integrity remains a core pillar of enterprise bargaining. Employers should put in place robust eligibility checks and maintain transparent communications to withstand scrutiny.
At IRBLOTS, we specialise in conducting enterprise agreement ballots that are legally compliant and tailored to your organisation’s needs. Our proprietary BLOTS platform ensures a secure, transparent, and efficient voting process, giving you confidence in the outcome.
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