Australasian Meat Industry Employees Union v JBS Australia Pty Limited Summary

[2024] FWC 2471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union
v

JBS Australia Pty Limited

(B2024/1186)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 11 SEPTEMBER 2024

Proposed protected action ballot of employees of JBS Australia Pty Limited

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 JBS Australia Pty Limited (JBS or Employer).

On 10 September 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 James Cottrell-Dormer, Assistant 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 JBS, 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 2 October 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 PR779143.

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 specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union (AMIEU) sought a protected action ballot order against JBS Australia Pty Limited (JBS) under the Fair Work Act 2009. The union intended to conduct a ballot of JBS employees regarding potential protected industrial action. JBS did not object to the application. The Fair Work Commission, represented by Deputy President Hampton, determined the matter on the papers, finding that the union had met all requirements for the ballot, including demonstrating genuine bargaining efforts. The Commission approved the use of TrueVote Pty Ltd as the ballot agent and set the voting deadline as 2 October 2024.

The primary legal issues before the Court were whether the union had genuinely attempted to reach an agreement with the employer and whether all procedural requirements under the Fair Work Act for conducting a protected action ballot had been satisfied. The Court needed to determine if the union had fulfilled its obligations to engage in good faith bargaining and if the proposed ballot complied with the statutory requirements. The Court's analysis focused on the union's declaration and the procedural steps taken, concluding that the union had indeed met all necessary conditions for proceeding with the ballot.

Deputy President Hampton found that the union had demonstrated it had been genuinely attempting to reach an agreement with JBS. The Court also concluded that all statutory requirements for the ballot had been satisfied, including the procedural steps and the use of an approved ballot agent. The Court set the voting deadline and assigned the matter to another Commission member for the compulsory conciliation conference under section 448A of the Act. The Court's decision allowed the union to proceed with the ballot and mandated that all bargaining representatives attend the conciliation conference to engage in meaningful negotiations.

An order was issued for the ballot to proceed with voting closing on 2 October 2024. The matter will be assigned to another member for the compulsory conciliation conference, and further orders will be made to ensure the parties are ready to negotiate effectively. This decision ensures that the union can proceed with its proposed industrial action while also facilitating further negotiations to potentially resolve the underlying dispute.

Australasian Meat Industry Employees Union v JBS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established