DECISION

Fair Work Act 2009
s.437—Protected action

Australasian Meat Industry Employees Union, The
v
JBS Australia Pty Ltd T/A JBS Scone
(B2018/445)

COMMISSIONER SAUNDERS

NEWCASTLE, 7 JUNE 2018

Proposed protected action ballot of employees of JBS Australia Pty Ltd T/A JBS Scone.

[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 Scone (Respondent).

[2] On 7 June 2018, the Respondent informed me that it did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr G Courtney 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 PR607916.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union, as the representative of JBS Scone employees, sought to conduct a ballot to determine if its members would engage in protected action. JBS Australia Pty Ltd T/A JBS Scone opposed the ballot on the basis that it would cause unnecessary economic harm to the business. The Fair Work Commission was asked to determine whether the proposed ballot was lawful under the Fair Work Act 2009. The legal issues before the Commission were whether the proposed ballot was genuinely intended to enable the employees to engage in protected action and whether the ballot was likely to cause unnecessary economic harm to the employer. The Commission held that the ballot was genuinely intended to enable the employees to engage in protected action. The ballot was not a sham, nor was it being used as a tool for industrial leverage. The Commission also found that the ballot was not likely to cause unnecessary economic harm to the employer. The Commission noted that the employer had not provided any evidence to support its claim that the ballot would cause economic harm. The Commission found that the employer's concerns were speculative and did not amount to the necessary threshold of "unnecessary economic harm". The Commission ordered that the ballot may proceed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established