DECISION

Fair Work Act 2009
s.437—Protected action

The Australasian Meat Industry Employees Union
v
Northern Co-Operative Meat Company Pty Ltd
(B2019/487)

VICE PRESIDENT CATANZARITI

BRISBANE, 2 JULY 2019

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

[1] This is an application by the Australasian Meat Industry Employees Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Northern Co-Operative Meat Company Pty Ltd (Respondent).

[2] On 2 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 Grant Geoffrey Courtney 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 PR709940.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union took action against the Northern Co-Operative Meat Company Pty Ltd in the Fair Work Commission, seeking to conduct a protected action ballot among the employees. The dispute arose from the union's intention to organise a vote among its members to decide on potential industrial action. The meat processing company contested the union's right to conduct the ballot, arguing that it would disrupt their business operations and potentially contravene industrial laws.

The central legal issue the commission had to address was whether the union was entitled to conduct the proposed ballot. This required consideration of the union's standing under the Fair Work Act 2009 and the potential impact of the ballot on the company's operations and its employees. The commission also had to determine if the ballot complied with the requirements set out in the Act and whether there were any legitimate reasons for the company to oppose it.

The commission ruled in favour of the union, finding that the union had the requisite standing and that the proposed ballot did not contravene any provisions of the Fair Work Act. The commission noted that the union's right to organise and conduct a ballot was a fundamental aspect of industrial relations and that the company had not provided sufficient evidence to justify preventing the ballot. The commission further determined that the company's concerns about operational disruption did not outweigh the union's rights.

As a result of the commission's decision, the union was granted permission to conduct the protected action ballot among the employees of the Northern Co-Operative Meat Company Pty Ltd. The company was ordered to facilitate the process and ensure that the union could access the necessary information and premises to conduct the ballot. The decision reinforced the importance of protecting the rights of unions to organise and advocate for their members within the framework of industrial laws.

The Australasian Meat Industry Employees Union v Northern Co-Operative Meat Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established