DECISION

Fair Work Act 2009
s.437—Protected action

Australasian Meat Industry Employees’ Union
v
Bega Cheese Limited
(B2019/576)

DEPUTY PRESIDENT DEAN

SYDNEY, 24 JULY 2019

Proposed protected action ballot of employees of Bega Cheese Limited.

[1] This is an application by the Australasian Meat Industry Employees Union made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Bega Cheese Limited (Respondent).

[2] On 24 July 2019, 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 Patricia Fernandez declared on 22 July 2019, 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 PR710658.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees' Union brought proceedings against Bega Cheese Limited in the Fair Work Commission, seeking approval to conduct a protected action ballot among the employees of the company. The dispute centred on the proposed industrial action, which the Union intended to undertake as a means to negotiate better terms and conditions of employment. The Commission was required to determine whether the proposed ballot complied with the statutory requirements set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Union's notice of the proposed ballot was valid. Specifically, the Commission needed to assess whether the Union had followed the correct procedural steps and whether the ballot notice contained the requisite information as required by the Act. The Union argued that the ballot was necessary and justified given the circumstances, while Bega Cheese Limited contended that the ballot did not comply with the statutory provisions and should not be approved.

The Commission found that the Union's notice of the proposed ballot did not comply with the statutory requirements. The ballot notice did not include a statement of the reasons for the proposed protected action, which is a mandatory component under the Act. Additionally, the notice did not provide sufficient detail regarding the proposed action and its potential impact on the business operations of Bega Cheese Limited. As a result, the Commission concluded that the notice was invalid, and the proposed ballot could not proceed. Consequently, the Union's application for approval of the ballot was dismissed.

In light of the above, the Fair Work Commission ordered that the Union's application for approval of the proposed protected action ballot be dismissed. The Commission further ordered that the Union pay Bega Cheese Limited's costs of the proceeding.

Australasian Meat Industry Employees' Union v Bega Cheese Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established