Australasian Meat Industry Employees Union v lnghams Enterprises Pty Limited

[2024] FWC 2617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union
v

lnghams Enterprises Pty Limited

(B2024/1242)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 SEPTEMBER 2024

Proposed protected action ballot of employees of Inghams Enterprises 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 lnghams Enterprises Pty Limited (Inghams or Employer).

On 23 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 Peter Cottrell-Dormer, Union Official, 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 Inghams, 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 (AEC).

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 5 November 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 PR779509.

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 for 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 period 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 for a protected action ballot order concerning employees of Inghams Enterprises Pty Limited. The application was made under section 437 of the Fair Work Act 2009. Inghams Enterprises Pty Limited, the employer, did not oppose the application, allowing the matter to proceed without a hearing. The AMIEU, through a declaration from a union official, outlined the steps taken in bargaining with Inghams and demonstrated a genuine attempt to reach an agreement.

The key legal issue before the Deputy President was whether the AMIEU had met the requirements set out in section 443(1) of the Fair Work Act 2009 to be granted a ballot order. Specifically, the court had to determine if there was a notification period for the proposed agreement and if all necessary conditions were satisfied. The Deputy President was satisfied that the AMIEU had met these requirements, noting that the union had genuinely attempted to negotiate with Inghams. Consequently, the application for a protected action ballot was approved. The ballot is to be conducted by the Australian Electoral Commission, with voting to close on 5 November 2024.

The Deputy President issued an order for the ballot to proceed, setting the closing date for voting and determining the ballot period. Additionally, the matter will be assigned to another member of the Commission to conduct a compulsory conciliation conference under section 448A of the Act. This member will require the attendance of all bargaining representatives for the proposed enterprise agreement and may issue directions to facilitate meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established