Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v JBS Australia Pty Limited

[2024] FWC 1936

[2024] FWC 1936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

JBS Australia Pty Limited

(B2024/923)

DEPUTY PRESIDENT ROBERTS SYDNEY, 23 JULY 2024

Proposed protected action ballot of employees of JBS Australia Pty Limited

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 JBS Australia Pty Limited (JBS or Employer).

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1]  has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 22 July 2024, the Commission was advised that the Employer objected to one of the questions on the proposed ballot. On the same date, the Applicant filed a revised draft order. The Commission was subsequently advised that the Employer no longer objected to the application or proposed order.

1. In the circumstances, I decided to determine the matter on the papers without holding a hearing. The parties were advised accordingly.

1. On the basis of the material before me, including the declaration of Ash Bamford, Organiser, setting out the steps taken by the CEPU in bargaining with the Employer and evidence to indicate that it has been, and is, genuinely trying to reach agreement with JBS, 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. I am also satisfied that the application was provided to the employer and the ballot agent in accordance with s.440 of the Act.

1. The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 1 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR777418.

DEPUTY PRESIDENT

[1] B2024/880.

[2] This is, in effect, 9 days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR777416>