Australasian Meat Industry Employees Union v JBS Australia Pty Ltd Summary

[2024] FWC 2033

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 Ltd

(B2024/970)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 31 JULY 2024

Proposed protected action ballot of employees of JBS Australia 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 JBS Australia Pty Ltd (JBS or Employer).

On 31July 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 Patrick Elliott, Organiser, 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 22 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 PR777724.

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 date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Australasian Meat Industry Employees Union (AMIEU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of JBS Australia Pty Ltd (JBS). The union sought to conduct a ballot in the event of a dispute over a proposed enterprise agreement. JBS did not object to the application, leading to the matter being decided on the papers without a hearing.

The primary legal issue was whether the requirements under section 443(1) of the Act for a protected action ballot were met. This involved verifying that the union had genuinely attempted to reach an agreement with JBS and that all procedural steps had been followed correctly. Additionally, the court needed to determine an appropriate closing date for the ballot under section 443(3)(c) of the Act, which would establish the ballot period for the purposes of section 448A(2).

The Deputy President concluded that all conditions under section 443(1) were satisfied based on the declaration provided by Patrick Elliott, an Organiser for AMIEU, and the absence of objection from JBS. The Commission approved TrueVote Pty Ltd as the ballot agent and set the voting closing date as 22 August 2024. This decision effectively established the ballot period and aligned with the date sought by the union. Furthermore, the matter was assigned for a compulsory conciliation conference to ensure that meaningful negotiations could occur.

The final order confirmed the closing date for the ballot and mandated the attendance of all bargaining representatives at the conciliation conference, with directions to facilitate effective negotiations. The union was granted the authority to proceed with the ballot under the specified conditions.

Australasian Meat Industry Employees Union v JBS Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established