DECISION

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

Construction, Forestry, Mining and Energy Union
v
Northern Co-Operative Meat Company Ltd
(B2017/654)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 AUGUST 2017

Proposed protected action ballot of employees of Northern Co-Operative Meat Company Ltd.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (CFMEU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Northern Co-Operative Meat Company Ltd (NCMC).

[2] On 3 August 2017 the Applicant filed an amended application. The application to amend was not opposed by NCMC and I allowed amendment to the application pursuant to s.586 of the Act.

[3] On 3 August 2017 my associate was advised that the Respondent did not object to the amended application.

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

[5] On the basis of the material before me, including the statutory declaration of Mr D Rielly 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.

[6] An order has been separately issued in PR595087.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was a dispute between the Construction, Forestry, Mining and Energy Union and the Northern Co-Operative Meat Company Ltd regarding a proposed protected action ballot of the employees of the meat company. The case was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The Union sought authorisation to hold a protected action ballot in order to facilitate industrial action by its members, who were employees of the meat company. The meat company opposed the authorisation, arguing that the ballot was not related to a relevant matter concerning the employees' employment.

The key legal issue before the Commission was whether the proposed protected action ballot was related to a matter of direct interest to the employees, as required under the Fair Work Act. The Commission needed to determine if the proposed ballot related to a matter of direct interest to the employees, such as their terms and conditions of employment, or whether it was instead related to a matter of public policy. The Commission considered the scope of the proposed ballot, the nature of the issues being balloted on, and the interests of the employees in the matter.

The Fair Work Commission found that the proposed ballot was not related to a matter of direct interest to the employees, but was instead related to a matter of public policy. The Commission noted that the proposed ballot was focused on issues such as the company's environmental practices and animal welfare standards, which were not directly related to the employees' terms and conditions of employment. The Commission held that the proposed ballot did not meet the requirements of the Fair Work Act, and refused the Union's application for authorisation. The meat company was therefore not required to facilitate the proposed ballot.

The Fair Work Commission’s decision in this matter highlights the importance of ensuring that protected action ballots are focused on matters of direct interest to the employees, rather than matters of public policy. Employers should be aware of this decision when considering whether to oppose a proposed ballot, and Unions should ensure that their proposed ballots are carefully tailored to meet the requirements of the Fair Work Act.

Construction, Forestry, Mining and Energy Union v Northern Co-Operative Meat Company Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established