| [2023] FWC 1965 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australasian Meat Industry Employees Union
v
Oakey Beef Exports Pty Ltd
(B2023/813)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 8 AUGUST 2023 |
Proposed protected action ballot of employees of Oakey Beef Exports Pty Ltd.
This is an application by the Australasian Meat Industry Employees Union (AMIEU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Oakey Beef Exports Pty Ltd (Oakey Beef or Employer).
On 8 August 2023, the Commission was advised that Oakey Beef 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 Matthew Journeaux on behalf of the AMIEU, 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 Oakey Beef, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (8 August 2023) has been determined by this Commission.[1]
An order has been separately issued in PR764982.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. To the extent that this matter involves additional bargaining representatives for the proposed enterprise agreement, the Commission will issue a further Order requiring their attendance 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] 30 working days is the period required by the Australian Electoral Commission to conduct a ballot.
Printed by authority of the Commonwealth Government Printer
<PR764983>
- AGLC
- Australasian Meat Industry Employees Union v Oakey Beef Exports Pty Ltd [2023] FWC 1965
- Case
- [2023] FWC 1965
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the union had genuinely attempted to reach an agreement with the employer and if all the necessary requirements under the Act had been fulfilled. The Commission examined the declaration by Matthew Journeaux on behalf of AMIEU, which outlined the union's bargaining efforts with Oakey Beef, to assess if a notification period was applicable and if all conditions under section 443(1) of the Act were met. The decision also involved determining the appropriate ballot period for the employees' proposed protected action.
The Commission found that the union had genuinely tried to reach an agreement with Oakey Beef and that all the requirements under the Fair Work Act had been satisfied. Consequently, an order was made for a protected action ballot to be conducted by the Australian Electoral Commission. The ballot period was set at 30 working days from the date of the order, 8 August 2023, as this period is required by the Australian Electoral Commission to conduct the ballot. Additionally, the matter was assigned to another Commission member for a compulsory conciliation conference under section 448A, with further orders to be issued regarding additional bargaining representatives and directions to ensure meaningful negotiations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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