v JBS Australia Pty Limited

[2024] FWC 2945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australasian Meat Industry Employees Union

JBS Australia Pty Limited

(B2024/1389)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1186.

This matter concerns the declaration of the result of a protected action ballot PR779143 held in matter B2024/1186 and declared on 2 October 2024.

The Australasian Meat Industry Employees Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

JBS Australia Pty Limited has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 24 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union has applied to the Fair Work Commission to extend the 30-day period during which industrial action is authorised by a protected action ballot. The dispute involves the declaration of the results of a ballot held and declared on 2 October 2024. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. Specifically, the application must be made by an applicant for the protected action ballot order and the period must not have been previously extended. The union contends that these conditions have been satisfied and that the period should be extended by a further 30 days. JBS Australia Pty Limited, the employer, has indicated that it has no objection to this application.

The key legal issue before the Deputy President was whether the application met the statutory criteria for an extension of the 30-day period. The application was made by an applicant for the protected action ballot order and the period had not previously been extended, satisfying the statutory requirements. The Deputy President determined that these conditions were indeed met, and therefore found that the application should be granted. The employer's lack of objection further supported the grant of the application.

In light of the findings, the Deputy President ordered that the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the employer be extended by a further 30 days. This order took effect from 24 October 2024. The decision was made pursuant to section 459(3) of the Fair Work Act 2009, and the order was printed by authority of the Commonwealth Government Printer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established