Australasian Meat Industry Employees Union v JBS Australia Pty Limited

[2024] FWC 1662

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

(B2024/813)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JUNE 2024

Proposed protected action ballot of employees of JBS Australia Pty Limited (Townsville 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 PR776389.

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) made an application under the Fair Work Act 2009 to the Fair Work Commission for a protected action ballot order concerning certain employees of JBS Australia Pty Limited, specifically at their Townsville site. The application was made under section 437 of the Act, and JBS Australia Pty Limited did not object to the application, leading to the matter being determined on the papers without a hearing. The AMIEU sought a ballot to authorise protected industrial action, indicating that it had been genuinely attempting to reach an agreement with the employer through bargaining.

The legal issues before the Commission involved verifying whether the AMIEU had genuinely been attempting to reach an agreement with JBS Australia Pty Limited and if all requirements under section 443(1) of the Act had been met, including the notification time for the proposed agreement. The Commission reviewed the declaration by James Cottrell-Dormer, Assistant Branch Secretary of AMIEU, which outlined the steps taken in bargaining and the union's efforts to reach an agreement with the employer. The Commission was satisfied that all requirements had been fulfilled.

The Fair Work Commission, having reviewed the material presented, determined that the AMIEU had met all the necessary requirements for a protected action ballot. The Commission set the closing date for voting as 6 August 2024, which also established the ballot period. The Australian Electoral Commission was directed to conduct the ballot. Furthermore, the Commission assigned the matter to another member to conduct a compulsory conciliation conference under section 448A of the Act, ensuring that all bargaining representatives would attend and be prepared to engage in meaningful negotiations.

The Commission issued an order for the ballot to proceed and directed the attendance of bargaining representatives at the conciliation conference. This order is aimed at facilitating further negotiations between the parties to potentially reach an agreement and avoid the need for protected industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established