Australasian Meat Industry Employees Union, The v Northern Co-operative Meat Company Limited

[2023] FWC 3016

[2023] FWC 3016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union, The
v

Northern Co-operative Meat Company Limited

(B2023/1262)

DEPUTY PRESIDENT WRIGHT SYDNEY, 17 NOVEMBER 2023

Proposed protected action ballot of employees of Northern Co-operative Meat Company Limited

1. The Australasian Meat Industry Employees Union (AMIEU) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Northern Co-operative Meat Company Limited (Employer). 

1. On 17 November 2023, the Commission was advised that the Employer, in effect, did not object to the application.

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

1. On the basis of the material before me, including the declaration of Patrick Elliot, AMIEU Organiser, setting out the steps taken by the AMIEU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the Employer, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by TrueVote Pty Ltd. TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.[1]

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in the matter is 1 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768391.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue Orders requiring their attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] TrueVote Pty Ltd [2023] FWC 1446.

[2] This is, in effect, 10 working days from the date of the order, as sought by the Applicant.

Printed by authority of the Commonwealth Government Printer

<PR768390>