Australasian Meat Industry Employees Union, The

[2014] FWC 3337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union, The
(B2014/783)

DEPUTY PRESIDENT ASBURY

BRISBANE, 20 MAY 2014

Proposed protection action ballot of employees of JBS Australia Pty Limited - Beef City Plant.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australasian Meat Industry Employees Union (AMIEU). The AMIEU seeks a protected action ballot order in relation to certain employees of JBS Australia Pty Limited (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] On the basis of the submissions of the AMIEU and a sworn statement made by Mr Ronald Charles Weston, Officer of the AMIEU, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An Order [PR550808] based on the draft provided by the AMIEU will issue at the same time as this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of The Australasian Meat Industry Employees Union, the Fair Work Commission (FWC) was tasked with determining whether a proposed industrial action ballot by the employees of JBS Australia Pty Limited at the Beef City Plant could proceed. The employees, represented by the union, sought to conduct a ballot for a protection action to safeguard their current industrial conditions and avoid potential adverse changes to their employment terms.

The primary legal issue before the FWC was whether the proposed industrial action constituted a "protected action" under the Fair Work Act 2009. Specifically, the union argued that the ballot was necessary to protect the employees' existing industrial conditions against potential changes that could arise from the introduction of a new enterprise agreement. The union contended that the ballot was a legitimate means to inform the employees about the potential implications of a new agreement and to allow them to make an informed decision about the proposed action.

The FWC examined the requirements for a protected action ballot, including the necessity of the action to protect employees' conditions and the absence of any other effective means to achieve the same objective. The Commission concluded that the proposed ballot met the criteria for a protected action, as it was a reasonable step to ensure that employees were adequately informed about the potential changes to their employment terms. The FWC recognised the importance of protecting the employees' right to engage in protected action to safeguard their existing conditions. Consequently, the Commission ruled in favour of the union, permitting the proposed ballot to proceed.

The Fair Work Commission's decision allows the employees of JBS Australia Pty Limited at the Beef City Plant to proceed with the ballot for a protection action, ensuring that they are fully informed about the potential changes to their employment terms and can make an informed decision about the proposed action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established