Australasian Meat Industry Employees Union v JBS Australia Pty Limited

[2024] FWC 1664

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

(B2024/814)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JUNE 2024

Proposed protected action ballot of employees of JBS Australia Pty Limited (Rockhampton Site)

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 25 June 2024, the Commission was advised that the Employer 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 it, 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 the Australian Electoral Commission.

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 6 August 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 PR776393.

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, 30 working days from the making of the Order and was the date 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 allowing a protected action ballot among certain employees of JBS Australia Pty Limited (JBS). The application was made under section 437 of the Fair Work Act 2009. The dispute concerns the employees at the JBS Rockhampton site. The FWC, represented by Deputy President Hampton, assessed the application on 25 June 2024. Notably, JBS did not object to the application, facilitating a decision based on the submitted documentation.

The primary legal issue for the FWC to determine was whether the AMIEU had fulfilled the statutory requirements to proceed with a protected action ballot. This involved verifying whether the union had genuinely attempted to negotiate with JBS and if the stipulated notification period for the proposed agreement had been met. The FWC needed to confirm that all conditions outlined in section 443(1) of the Fair Work Act were satisfied. The evidence submitted included a declaration by James Cottrell-Dormer, Assistant Branch Secretary of AMIEU, detailing the union's bargaining efforts and commitment to reaching an agreement with JBS.

Upon reviewing the submitted material, Deputy President Hampton concluded that the AMIEU had genuinely endeavoured to negotiate with JBS and that all statutory requirements for a protected action ballot had been met. Consequently, the FWC granted the application and issued an order permitting the ballot to proceed. The Australian Electoral Commission was designated to conduct the ballot. The FWC also set the closing date for voting as 6 August 2024, which aligns with the 30 working days from the issuance of the order. Additionally, the matter was assigned to another Commission member for a compulsory conciliation conference under section 448A of the Act. This member will issue an order for the attendance of all bargaining representatives and may provide directions to ensure productive negotiations.

The FWC's decision concludes with the issuance of an order for the ballot to proceed, with specific directives regarding the ballot's conduct and the upcoming conciliation conference. The Deputy President's ruling ensures that the legal prerequisites for the ballot are met, and it sets the stage for further negotiations under the auspices of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established