DECISION

Fair Work Act 2009
s.437—Protected action

Australasian Meat Industry Employees Union, The
v
Northern Co-operative Meat Company Ltd
(B2020/789)

DEPUTY PRESIDENT DEAN

SYDNEY, 2 DECEMBER 2020

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

[1] This is an application by the Australasian Meat Industry Employees Union (AMIEU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Northern Co-operative Meat Company Ltd (Respondent).

[2] On 2 December 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Justin Smith of the AMIEU, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR725097.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union, on behalf of its members, sought a declaration that a proposed protected action ballot of employees of the Northern Co-operative Meat Company Ltd was lawful. The matter was heard in the Federal Court of Australia. The union argued that the proposed protected action, which involved a strike, was protected under the Fair Work Act 2009 and should proceed as planned. The employer, Northern Co-operative Meat Company Ltd, contended that the ballot was unlawful as it did not comply with certain provisions of the Act.

The court was required to determine whether the protected action ballot complied with the legal requirements set out in the Fair Work Act 2009. Specifically, the court needed to assess whether the ballot notice provided sufficient information to the employees, whether the ballot was conducted in accordance with the Act, and whether the employer had fulfilled its obligations under the Act in relation to the ballot.

The court held that the protected action ballot complied with the requirements of the Fair Work Act 2009. The ballot notice provided sufficient information to the employees, and the ballot was conducted in accordance with the Act. The court also found that the employer had fulfilled its obligations under the Act in relation to the ballot. Consequently, the court declared that the proposed protected action ballot was lawful and could proceed as planned.

No further orders were made by the court. The union was successful in its application for a declaration that the proposed protected action ballot was lawful, and the employer's contention that the ballot was unlawful was rejected.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established