Australasian Meat Industry Employees Union v Inghams Enterprises Pty Ltd Summary

[2024] FWC 2248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union
v

Inghams Enterprises Pty Ltd

(B2024/1060)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 AUGUST 2024

Proposed protected action ballot of employees of Inghams Enterprises Pty Ltd

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

On 21 August 2024, the Commission was advised that the Employer, in effect, did not object to 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 declaration of Jason Roe, Branch Secretary, setting out the steps taken by the AMIEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Inghams, 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.

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

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR778545

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement 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] This is, in effect, 15 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union (AMIEU) has applied to the Fair Work Commission (FWC) for an order to allow a protected action ballot among employees of Inghams Enterprises Pty Ltd (Inghams). Inghams did not object to the application, and the FWC determined the matter without a hearing. The union's application was made under section 437 of the Fair Work Act 2009, seeking to hold a ballot to facilitate protected industrial action. The union has declared its genuine efforts in bargaining with Inghams, meeting the requirements of section 443(1) of the Act. The ballot will be conducted by TrueVote Pty Ltd, approved as a ballot agent under section 468A of the Act. The Commission set the closing date for the ballot as 12 September 2024, which is 15 working days from the order's issuance.

The primary legal issue before the FWC was whether the union's application met the statutory requirements for a protected action ballot. This involved verifying that the union had genuinely attempted to negotiate with the employer and that all procedural prerequisites were satisfied. Given that Inghams did not contest the application and the union provided a declaration from its branch secretary outlining the bargaining process and its efforts to reach an agreement, the FWC found that the union had met the necessary conditions. The union's declaration and the lack of objection from Inghams facilitated the FWC's determination to proceed without a hearing. The Commission also had to ensure that the ballot agent, TrueVote, was approved under the Act, which it was.

The FWC concluded that the union had fulfilled the requirements for a protected action ballot, and thus, issued an order allowing the ballot to proceed. The order specifies that voting must close by 12 September 2024. This date also determines the ballot period for any subsequent compulsory conciliation conference under section 448A of the Act. The FWC assigned the matter to another member for the compulsory conciliation conference, ensuring that all bargaining representatives attend and are prepared for meaningful negotiations. The conference is expected to address any outstanding issues between the union and Inghams to potentially avert the need for protected action.

Australasian Meat Industry Employees Union v Inghams Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established