Australasian Meat Industry Employees Union v Northern Co-Operative Meat Company Ltd Summary

[2024] FWC 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union
v

Northern Co-Operative Meat Company Ltd

(B2024/933)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 JULY 2024

Proposed protected action ballot of employees of Northern Co-Operative Meat Company 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 Northern Co-Operative Meat Company Ltd (Northern Co-op or Employer).

On 24 July 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 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 Northern Co-op, 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 16 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 PR777468.

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

< PR777469>

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union (AMIEU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Northern Co-Operative Meat Company Ltd. The application was made to facilitate a ballot regarding potential industrial action. The employer did not object to the application, leading the Deputy President to decide on the matter based on the submitted documents without a hearing. The AMIEU submitted a declaration by Patrick Elliott, an organiser, stating that the union had genuinely attempted to reach an agreement with the employer, and that all procedural requirements under section 443(1) of the Act had been fulfilled.

The legal issues before the Deputy President involved determining whether the union had satisfied the conditions necessary for a protected action ballot under the Act. This included confirming that a notification period for the proposed agreement existed and that the union had genuinely attempted to negotiate with the employer. Additionally, the Deputy President needed to ensure that the ballot agent, TrueVote Pty Ltd, was approved and authorised to conduct the ballot. The Deputy President concluded that all procedural requirements had been met and granted the application, setting the closing date for voting on the ballot as 16 August 2024.

The Deputy President determined that the union had satisfied all the necessary conditions for a protected action ballot. The decision recognised that the employer did not oppose the application, and the union had provided evidence of genuine negotiation efforts. The Deputy President also confirmed that TrueVote Pty Ltd was an approved ballot agent. Consequently, the Deputy President issued an order for the ballot to be conducted by TrueVote, closing on 16 August 2024. This decision also initiated a compulsory conciliation conference under section 448A of the Act, which will require the attendance of all bargaining representatives to engage in meaningful negotiations.

Australasian Meat Industry Employees Union v Northern Co-Operative Meat Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established