The Australasian Meat Industry Employees Union v Fletcher International Exports Pty Limited Summary

[2013] FWC 4976

FAIR WORK COMMISSION

DECISION

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

The Australasian Meat Industry Employees Union
v
Fletcher International Exports Pty Limited
(B2013/1046)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 23 JULY 2013

Proposed protected action ballot by employees of Fletcher International Exports Pty Limited.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australasian Meat Industry Employees Union (AMIEU). The AMIEU seeks a protected action ballot order in relation to certain employees of Fletcher International Exports Pty Limited (the Employer).

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Mark Perkins, an AMIEU organiser, providing information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR539278] based on the draft order provided by the AMIEU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union brought an action against Fletcher International Exports Pty Limited in the Fair Work Commission, seeking approval to conduct a protected action ballot among the employees. The employees, who are represented by the Union, are seeking to ballot for protected industrial action in relation to various employment disputes. Fletcher International Exports Pty Limited opposed the ballot, arguing that the ballot notice was deficient and that the Union had not properly notified the company of the intended industrial action.

The primary legal issues before the Commission were whether the ballot notice was sufficient in form and substance, and whether the Union had complied with the requirements for providing notice of the proposed protected action. The Commission considered whether the ballot notice complied with the statutory requirements, including whether it contained sufficient information to enable employees to make an informed decision about participating in the ballot, and whether the Union had given Fletcher International Exports Pty Limited adequate notice of the intended industrial action.

The Commission found that the ballot notice was sufficient in form and substance, and that the Union had complied with the requirements for providing notice of the proposed protected action. The Commission noted that the ballot notice contained sufficient information to enable employees to make an informed decision about participating in the ballot, and that the Union had given Fletcher International Exports Pty Limited adequate notice of the intended industrial action. The Commission held that the Union had satisfied the requirements of the Fair Work Act, and approved the proposed ballot.

The Commission ordered that the Union may proceed with the proposed ballot of the employees of Fletcher International Exports Pty Limited. The Commission made an order that the Union provide Fletcher International Exports Pty Limited with a copy of the ballot notice, and that the Union give Fletcher International Exports Pty Limited a copy of the results of the ballot once it has been conducted. The Commission also ordered that the Union provide Fletcher International Exports Pty Limited with a copy of any subsequent notices of proposed industrial action, and that the Union give Fletcher International Exports Pty Limited a copy of any subsequent ballots of employees.

The Australasian Meat Industry Employees Union v Fletcher International Exports Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established