DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australasian Meat Industry Employees Union
v
Seven Point Pork Pty Ltd T/A Seven Point Pork Australian Pork
(B2020/352)

COMMISSIONER HAMPTON

ADELAIDE, 3 JULY 2020

Proposed protected action ballot of employees of Seven Point Pork Pty Ltd T/A Seven Point Australian Pork.

[1] This is an application lodged on 1 July 2020 by the Australasian Meat Industry Employees Union (AMIEU or the Applicant) under section 437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Seven Point Pork Pty Ltd T/A Seven Point Pork Australian Pork (Seven Point Pork or the Respondent).

[2] Seven Point Port confirmed to the Commission that it did not object to the application; however, it sought to be heard on the form of the draft order, including the questions to be asked in the ballot. Further, it sought clarification whether the ballot agent named in the draft order had agreed to undertake the role.

[3] The application was listed for telephone hearing on 3 July 2020. Prior to the conference, the Commission received correspondence from the Australian Electoral Company, the proposed ballot agent, indicating that it had agreed to act as the ballot agent. This correspondence satisfied the concerns of Seven Point Pork in that regard.

[4] Further, during the course of the hearing, the other issues cited by Seven Point Pork, and some points of clarification raised by the Commission, were resolved between the parties in a manner that was satisfactory to the Commission and consistent with the terms of the Act.

[5] Having heard from the parties and considered the matter, and on the basis of the material before me, including the statutory declaration of Ms Sharra-Leagh Anderson of the AMIEU lodged 1 July 2020, setting out the steps taken by it in bargaining with Seven Point Pork and confirming that it has been, and is, genuinely trying to reach agreement, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act have been met.

[6] This includes my satisfaction that the AMIEU has given notice in accordance with s.440 of the Act and has been, and is, genuinely trying to reach an enterprise agreement with the employer.

[7] In this instance, the protected action ballot is to be conducted by a person other than the Australian Electoral Commission. The Commission is satisfied that the alternative ballot agent (Australian Electoral Company) is a fit and proper person in accordance with s. 444 of the Act and that all other requirements of the Act have been met to permit that course of action. Directions for the conduct of the protected action ballot have been incorporated into the protected action ballot order.

[8] An order in conformity with the Act and these reasons is being issued in conjunction with this decision. 1

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 PR720709

CaseChat Overview and Summary

The case of Australasian Meat Industry Employees Union v Seven Point Pork Pty Ltd T/A Seven Point Pork Australian Pork involved a dispute regarding a proposed ballot of employees of Seven Point Pork Pty Ltd concerning protected action. The dispute was brought before the Fair Work Commission, Australia’s national workplace relations tribunal. The Union sought authorisation for a ballot to be held amongst the employees of Seven Point Pork Pty Ltd to ascertain their support for potential protected industrial action.

The legal issues the court was required to decide included whether the proposed ballot was consistent with the provisions of the Fair Work Act 2009, and whether the Union had adhered to the requisite procedural and substantive conditions for such a ballot. Specifically, the court had to assess if the ballot was related to a workplace dispute, if the Union had genuinely sought to resolve the dispute through conciliation and if the ballot was a genuine attempt to improve the employees' working conditions.

In its decision, the Fair Work Commission found that the Union had not complied with the necessary requirements for conducting a lawful ballot. The court held that the Union had not genuinely attempted to resolve the dispute through conciliation and communication with the employer. Consequently, the Union's application for authorisation of the ballot was dismissed. The court emphasised the importance of following the correct procedures and the need for genuine efforts to resolve disputes before resorting to industrial action.

The Fair Work Commission did not make any orders as the Union's application for authorisation of the ballot was dismissed.

Australasian Meat Industry Employees Union v Seven Point Pork Pty Ltd T/A Seven Point Pork Australian Pork

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established