The Australasian Meat Industry Employees Union v S & D Logistics Pty Ltd

[2023] FWC 2510

[2023] FWC 2510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australasian Meat Industry Employees Union
v

S & D Logistics Pty Ltd

(B2023/1030)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 OCTOBER 2023

Proposed protected action ballot of employees of S & D Logistics Pty Ltd

1. This is an application by the Australasian Meat Industry Employees Union (AMIEU 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 S & D Logistics Pty Ltd (S & D Logistics or Employer). 

1. On 3 October 2023, the Commission was advised, in effect, that S & D Logistics did not object to the Application.[1]

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Jason Schultz, Assistant Secretary on behalf of the AMIEU, setting out the steps taken by the AMIEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with S & D Logistics, 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.

1. The ballot is to be conducted by the Australian Electoral Commission. 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 14 November 2023.[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 PR766679.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This was confirmed in response to the Commission providing the parties with a proposed order.

[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR766678>