Australasian Meat Industry Employees Union v JBS Australia Pty Limited Summary

[2024] FWC 2674

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

(B2024/1271)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 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 26 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 17 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 PR779667.

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, 14 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) applied to the Fair Work Commission for a protected action ballot order in relation to employees of JBS Australia Pty Limited, as permitted by section 437 of the Fair Work Act 2009. The application was made to facilitate a ballot on potential protected action, aiming to resolve ongoing negotiations for an enterprise agreement between the union and the employer. The employer did not object to the application, resulting in the decision being made on the provided documentation without a formal hearing.

The legal issues before the Commission involved confirming whether the union had genuinely attempted to reach an agreement with the employer and if all statutory requirements for the ballot were met. The AMIEU presented a declaration from James Cottrell-Dormer, who stated the union's efforts in bargaining and its genuine attempts to reach an agreement. The Commission found that all requirements under section 443(1) of the Act had been satisfied, including the notification period for the proposed agreement. Additionally, the Commission approved TrueVote Pty Ltd as the authorised ballot agent for conducting the ballot.

The Commission granted the application and set the closing date for voting as 17 October 2024. This decision effectively established the ballot period under section 448A(2) of the Act. The Commission also noted that a compulsory conciliation conference would be conducted to ensure meaningful negotiations between the parties. An Order was issued separately in PR779667, assigning another member of the Commission to manage the conciliation conference. This order mandated the attendance of all bargaining representatives and likely included directions to ensure the parties were prepared for effective negotiations.

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