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

[2020] FWC 4143

[2020] FWC 4143

FAIR WORK COMMISSION

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
(B2020/417)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 AUGUST 2020

Proposed protected action ballot of employees of JBS Australia Pty Ltd employed at Longford Tasmania.

[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 5 August 2020, the Respondent advised my Associate that it did not have any further submissions with respect to the application and did not otherwise contest the making of an order. The Applicant sought a direction for the conduct of the ballot be given to the ballot agent, the terms of which are not particularly relevant. As the ballot agent is to be the Australian Electoral Commission (AEC), the Commission is not able to give directions to the ballot agent. The Commission gives directions under s.450 of the Act to a ballot agent when the agent is not the AEC, but as the Applicant nominates the AEC as the ballot agent, s.450 does not apply.

[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 PR721627.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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