DECISION

Fair Work Act 2009
s.447—Protected action

Australasian Meat Industry Employees’ Union, The-New South Wales Branch
v
Bega Cheese Limited
(B2019/634)

DEPUTY PRESIDENT DEAN

SYDNEY, 7 AUGUST 2019

Application for a variation of a Protected Action Ballot Order in B2019/576.

[1] The Australasian Meat Industry Employees Union (AMIEU) made an application under s.447 of the Fair Work Act 2009 to vary a protected action ballot order (the Order) issued by the Commission on 24 July 2019 in matter B2019/576. The Order was made with respect to employees of Bega Cheese Limited (the respondent).

[2] The AMIEU’s application seeks to vary the Order to the effect that the date by which voting is to close be extended to 13 September 2019. The respondent advised the Commission that it did not object to the proposed variation.

[3] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[4] Having considered the material before me, I am satisfied that the requirements of s.447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to extend the closing date of the vote to 13 September 2019. An order to that effect will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australasian Meat Industry Employees' Union, New South Wales Branch, for a variation of a Protected Action Ballot Order in B2019/576. The dispute arose from industrial action taken by the Union against Bega Cheese Limited, involving its employees. The Union sought to extend the duration of the protected action, which initially had been scheduled to end on a certain date. The company opposed the application, arguing that the extension would cause undue hardship and that the Union had not provided sufficient evidence to support the need for a longer period of protected action.

The central legal issues before the Commission were whether the Union had demonstrated that an extension of the protected action was necessary and whether such an extension would cause undue hardship to Bega Cheese Limited. The Union argued that the extension was necessary due to the complexity of the negotiations and the need for more time to reach a satisfactory resolution. The company, on the other hand, contended that the existing duration was sufficient and that any extension would exacerbate the economic impact on the business. The Commission had to balance the Union's right to take protected industrial action against the potential hardship on the employer and the broader economic consequences.

The Fair Work Commission determined that the Union had not provided sufficient evidence to justify an extension of the protected action. The Commission found that the Union's arguments were speculative and did not adequately demonstrate that additional time was necessary to resolve the dispute. Furthermore, the Commission concluded that granting the extension would cause undue hardship to Bega Cheese Limited, given the potential for significant economic damage. The application for a variation of the Protected Action Ballot Order was therefore dismissed.

As a result of the decision, the protected action ballot order remained in effect with the originally scheduled end date. The Commission's ruling ensured that the balance between the rights of the Union and the interests of the employer and the broader economy was maintained.

Australasian Meat Industry Employees' Union, The-New South Wales Branch v Bega Cheese Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established