DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
JBS Australia Pty Limited
(B2019/584)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 JULY 2019

Proposed protected action ballot of employees of JBS Australia Pty Limited.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of JBS Australia Pty Limited (Respondent).

[2] On 25 July 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Peter Dalton of the Applicant 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 the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR710736.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order for JBS Australia Pty Limited to conduct a ballot of its employees concerning potential protected industrial action. The dispute arose from the union's intention to seek a protected action ballot, which was contested by JBS on the grounds that it was not a registered union. The case was heard in the Fair Work Commission.

The central legal issue was whether the AMWU, despite not being registered as a union under the Fair Work Act 2009, had the authority to request a protected action ballot. The court had to determine if the AMWU could act as a union for the purposes of initiating protected action and if JBS was required to comply with a request from a non-registered union. Another issue was whether the AMWU could be recognised as an eligible organisation under section 170MA of the Fair Work Act, which allows for a ballot to be conducted if certain conditions are met.

The Fair Work Commission found that the AMWU, while not formally registered as a union, could still be recognised as an eligible organisation for the purposes of conducting a protected action ballot. The court determined that the AMWU had a sufficient number of members within JBS to meet the requirements for eligibility under the Fair Work Act. Consequently, the AMWU was granted permission to conduct a ballot of JBS employees regarding potential protected industrial action. The decision highlighted the importance of the Fair Work Act in regulating industrial relations and ensuring that employees have a means to organise and take action to protect their interests.

The Fair Work Commission ordered JBS Australia Pty Limited to facilitate a ballot of its employees in accordance with the AMWU's request. This order enabled the employees to vote on whether to proceed with protected industrial action, thereby affirming the AMWU's role in representing the employees' interests in this matter.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v JBS Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established