The Australasian Meat Industry Employees Union v Oakey Beef Exports Pty Ltd

[2018] FWC 6920

[2018] FWC 6920

FAIR WORK COMMISSION

DECISION

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

The Australasian Meat Industry Employees Union
v
Oakey Beef Exports Pty Ltd
(B2018/1033)

DEPUTY PRESIDENT ASBURY BRISBANE, 13 NOVEMBER 2018

Proposed protected action ballot of employees of Oakey Beef Exports Pty Ltd.

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

[2] On 9 November 2018, correspondence was received from the Employer advising that while it did not object to the proposed orders sought by the AMIEU, it sought that the period of notice referred to in s.414(2)(a) of the Act be extended to 120 hours. The AMIEU indicated that it objected to the period being extended. At 3.11pm on 9 November 2018 I issued directions requiring the Employer to file material stating the grounds on which it submits the Commission should exercise its discretion under s.443(5) of the Act to extend the period of notice, and the application was listed for hearing on 13 November 2018.

[3] At 11.41am correspondence was received from the Employer advising that it no longer sought for the period of notice to be extended, and would accept the timeframe contained in s.414(2)(a) of the Act. I advised the Parties that as the application was no longer being opposed, I proposed to determine the application on the basis of the filed material, subject to any objection by either party by 2.00pm today. No correspondence was received stating any objection.

[4] On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Ronald Charles Weston, Union Organiser, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR702211] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR702210>