Australasian Meat Industry Employees Union v Oakey Beef Exports Pty Ltd Summary

[2023] FWC 1450

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

(B2023/599)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 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 the Respondent, Oakey Beef Exports Pty Ltd (Oakey).

On 20 June 2023, the Commission was advised that the Respondent 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 Mr Matthew Journeaux, AMIEU Official, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 (20 June 2023) has been established by this Commission.[1]

An order has been separately issued in PR763342.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring 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] 1This is the minimum period required by the Australian Electoral Commission.

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 certain employees of Oakey Beef Exports Pty Ltd (Oakey) under section 437 of the Fair Work Act 2009. The application was made to facilitate a proposed protected action ballot of employees. The Respondent did not object to the application, and the matter was determined by the Commission on the basis of the papers submitted. The Deputy President Hampton, sitting in Adelaide, granted the application on 20 June 2023.

The primary legal issue before the court was whether the requirements under section 443(1) of the Fair Work Act 2009 had been met for the application of a protected action ballot order. This involved assessing the steps taken by the AMIEU in bargaining with Oakey, and whether the union had been genuinely attempting to reach an agreement with the employer. The court was also required to determine whether the notification time in relation to the proposed agreement had been met, and whether the ballot period was appropriate.

The Deputy President Hampton found that the AMIEU had taken the necessary steps to bargain with Oakey and had been genuinely attempting to reach an agreement. The court was satisfied that all requirements under section 443(1) of the Fair Work Act 2009 had been met, including the notification time in relation to the proposed agreement. The Deputy President also established a ballot period of 30 working days from the date of the order (20 June 2023) in accordance with sections 443(3)(c) and 448A(2) of the Act. The Australian Electoral Commission was appointed to conduct the ballot. A separate order was issued in PR763342, and the matter will be assigned to another Member of the Commission for the s.448A conference. Directions may also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

The Fair Work Commission granted the application for a protected action ballot order, and established a ballot period of 30 working days from the date of the order. The Australian Electoral Commission will conduct the ballot, and the matter will be assigned to another Member of the Commission for the s.448A conference. Directions may be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

Australasian Meat Industry Employees Union v Oakey Beef Exports Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established