United Workers' Union v JBS Australia Pty Limited
[2023] FWC 1800
•24 JULY 2023
| [2023] FWC 1800 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
United Workers' Union
v
JBS Australia Pty Limited
(B2023/734)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 24 JULY 2023 |
Proposed protected action ballot of employees of JBS Australia Pty Limited
This is an application by the United Workers' Union (UWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, JBS Australia Pty Limited (JBS Australia or Employer).
On 24 July 2023, following confirmation about the correct ABN and some exchanges between the parties as to the form of the Order sought, the Commission was ultimately advised that JBS Australia did not object to the Application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Mr Liban Ibrahim, UWU Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with JBS Australia, 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.
The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order (24 July 2023) has been approved by the Commission.
An order has been separately issued in PR764474.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
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