Australasian Meat Industry Employees Union v Devro Pty Ltd Summary

[2022] FWC 40

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australasian Meat Industry Employees Union
v

Devro Pty Ltd

(B2022/4)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 JANUARY 2022

Proposed protected action ballot of employees of Devro Pty Ltd

This is an application by the Australasian Meat Industry Employees Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Devro Pty Ltd (Respondent).

On 10 January 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Jason Schultz of the Applicant declared on 6 January 2022, 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.

An Order has been separately issued in PR737408.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application made by the Australasian Meat Industry Employees Union, seeking a protected action ballot order concerning certain employees of Devro Pty Ltd. This application was made under section 437 of the Fair Work Act 2009 and was presented by the Vice President Catanzariti on 12 January 2022. The matter was resolved without the necessity of a hearing, as the respondent did not oppose the application. The union had provided a statutory declaration from Jason Schultz, dated 6 January 2022, detailing the efforts made in bargaining with the respondent and affirming that the union had been genuinely attempting to reach an agreement.

The primary legal issue before the Commission was whether the union had satisfied the statutory requirements to hold a protected action ballot, specifically under section 437 and 443(1) of the Fair Work Act. The union's application needed to demonstrate that it had been genuinely attempting to negotiate in good faith and that the requisite notification period had been met. The respondent's lack of opposition and the contents of the union's statutory declaration played a pivotal role in the determination of these issues.

After considering the materials presented, including the statutory declaration and the absence of opposition from the respondent, the Vice President Catanzariti concluded that the union had met the necessary statutory requirements. The Commission was satisfied that the union had been genuinely attempting to negotiate and that the notification period for the proposed agreement had been appropriately observed. Consequently, the application for a protected action ballot order was approved, and an Order was issued in PR737408.

Australasian Meat Industry Employees Union v Devro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established