DECISION

Fair Work Act 2009
s.437—Protected action

The Australasian Meat Industry Employees Union; The Bacon Factories’ Union of Employees, Queensland
v
Primo Foods Pty Ltd
(B2019/715)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 SEPTEMBER 2019

Proposed protected action ballot of employees of Primo Foods Pty Ltd.

[1] This is an application by the Australasian Meat Industry Employees Union and the Bacon Factories’ Union of Employees, Queensland (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Primo Foods Pty Ltd (Respondent).

[2] On 29 August 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 declarations of Warren Earle and Steven Vaughan of the Applicants 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 PR711840.

VICE PRESIDENT

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CaseChat Overview and Summary

The Bacon Factories' Union of Employees, Queensland, sought a declaration that a proposed protected action ballot of employees of Primo Foods Pty Ltd was lawful. The dispute involved the union's assertion of its right to conduct a ballot concerning protected action, which was contested by the employer on the basis that the ballot was not confined to employees directly involved in the dispute. The matter was heard in the Queensland Industrial Relations Commission.

The primary legal issue before the Commission was whether the proposed ballot was appropriately confined to employees directly involved in the dispute. The employer argued that the ballot should be limited to those employees directly engaged in the industrial dispute, while the union contended that the ballot could include all employees of the company. The Commission had to determine whether the union's proposed ballot complied with the statutory requirements for protected action.

In its decision, the Commission held that the proposed ballot did not comply with the statutory requirement that the ballot be limited to employees directly involved in the dispute. The Commission found that the union's proposal to include all employees of the company in the ballot was not in accordance with the relevant industrial legislation. Consequently, the Commission declared that the proposed ballot was not lawful. The union's application for a declaration that the ballot was lawful was dismissed.

The Commission's decision was based on its interpretation of the industrial relations legislation and the specific requirements for conducting a protected action ballot. The employer's argument that the ballot should be limited to employees directly involved in the dispute was upheld, resulting in the union's application being dismissed. This decision underscores the importance of adhering to statutory requirements when conducting protected action ballots in the industrial relations context.

The Bacon Factories' Union of Employees, Queensland v Primo Foods 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