Australasian Meat Industry Employees Union, The v JBS Australia Pty Limited

Case [2022] FWC 2315


[2022] FWC 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australasian Meat Industry Employees Union, The

v

JBS Australia Pty Limited

(B2022/1302)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 1 SEPTEMBER 2022

Proposed protected action ballot of employees of JBS Australia Pty Limited

  1. This is an application by the Australasian Meat Industry Employees’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of JBS Australia Pty Ltd (Respondent).

  1. On 31 August 2022, my Associate was advised that the Respondent did not object to the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the declaration of Ms Sharra-Leagh Anne Anderson of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

  1. An order has been separately issued in PR745358.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR745357>

Details
AGLC
Australasian Meat Industry Employees Union, The v JBS Australia Pty Limited [2022] FWC 2315
Case
[2022] FWC 2315
Decision Date

CaseChat Overview and Summary

The Australasian Meat Industry Employees' Union applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of JBS Australia Pty Ltd. The application was made to facilitate a proposed protected action ballot of employees, with the Union seeking to conduct industrial action. JBS Australia Pty Ltd did not object to the application, allowing the Deputy President to determine the matter on the papers without holding a hearing.

The legal issues before the court were whether the Union had genuinely tried to reach an agreement with JBS Australia Pty Ltd, whether a notification time in relation to the proposed agreement existed, and if the requirements under section 443(1) of the Fair Work Act 2009 were met. The Union argued that it had been, and was, genuinely trying to reach agreement with JBS Australia Pty Ltd, and that the requirements under the Act had been fulfilled.

The Deputy President was satisfied that the Union had genuinely tried to reach agreement with JBS Australia Pty Ltd, that a notification time in relation to the proposed agreement existed, and that the requirements under section 443(1) of the Fair Work Act 2009 had been met. The court relied on the declaration of Ms Sharra-Leagh Anne Anderson of the Union, which outlined the steps taken by the Union in bargaining with JBS Australia Pty Ltd. The Deputy President determined the matter on the papers, and an order was issued in PR745358.

The final orders issued by the Deputy President were for a protected action ballot order in relation to the proposed agreement. The Union was granted the right to conduct a protected action ballot of the relevant employees, subject to the terms and conditions set out in the order.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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