DECISION

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

Australasian Meat Industry Employees Union, The
v
JBS Australia Pty Ltd T/A JBS Longford
(B2020/636)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 OCTOBER 2020

Application for a variation of a Protected Action Ballot Order in B2020/485 Proposed protected action ballot of employees of JBS Australia Pty Ltd T/A JBS Longford.

[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 T/A JBS Longford (Respondent).

[2] On 14 October 2020, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr A Foden 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.

[5] An order has been separately issued in PR723582.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union filed an application seeking a variation of a Protected Action Ballot Order in relation to a proposed protected action ballot of employees of JBS Australia Pty Ltd T/A JBS Longford. The dispute arose under the Fair Work Act 2009 (Cth) and centred on the manner in which the ballot was to be conducted. The parties were in contention over several procedural aspects, including the timing, format, and administration of the ballot.

The legal issues before the court were primarily concerned with the interpretation and application of the Fair Work Act 2009 (Cth), specifically sections pertaining to the conduct of protected action ballots. The Union argued that certain procedural elements proposed by JBS were not in compliance with the statutory requirements and could potentially disenfranchise eligible voters. The company, on the other hand, contended that its proposed procedures were reasonable and aligned with the legislative framework.

In addressing the application, the court closely examined the relevant provisions of the Fair Work Act 2009 (Cth) and considered the broader principles of procedural fairness and industrial democracy. The court found that several aspects of the proposed ballot process did indeed contravene the statutory requirements and could potentially lead to significant procedural injustices. Consequently, the court granted the application and issued a variation of the Protected Action Ballot Order to ensure the ballot would be conducted in a manner compliant with the Act.

The final orders included detailed specifications regarding the timing, format, and administration of the ballot, ensuring that the process would be transparent, fair, and accessible to all eligible employees. The court's decision underscored the importance of adhering to statutory mandates in the conduct of protected action ballots and highlighted the need for procedural integrity in industrial relations processes.

Australasian Meat Industry Employees Union, The v JBS Australia Pty Ltd T/A JBS Longford

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established