v JBS Australia Pty Limited Summary

[2024] FWC 3187

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

(B2024/1479)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 NOVEMBER 2024

Application to extend the 30 day period in relation to B2024/1271.

This matter concerns the declaration of the result of a protected action ballot PR779667 held in matter B2024/1271 and declared on 17 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 15 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australasian Meat Industry Employees Union v JBS Australia Pty Limited involved the Australasian Meat Industry Employees Union seeking an extension of the 30-day period for industrial action authorised by a protected action ballot, as declared on 17 October 2024. This request was pursuant to section 459(3) of the Fair Work Act 2009. The application was made to the Fair Work Commission, and JBS Australia Pty Limited indicated it had no objections to the application.

The primary legal issue the Fair Work Commission had to address was whether the requirements of section 459(3) of the Fair Work Act were met to justify the extension of the 30-day period. The Union argued that both conditions under section 459(3)(a) and (b) were satisfied, justifying an extension. Section 459(3) stipulates that the Commission may extend the 30-day period by up to 30 days if the applicant applies for the extension and if the period has not been extended previously. The Union claimed that these conditions were met, and thus, the period should be extended by another 30 days.

The Fair Work Commission found that the Union's application met the statutory requirements for extending the 30-day period. Given that JBS Australia Pty Limited had no objections, the Deputy President was satisfied that the conditions were met. Consequently, the Commission ordered the extension of the 30-day period by an additional 30 days, effective from 15 November 2024. This decision was based on the legal provisions of the Fair Work Act and the Union's compliance with the conditions outlined in section 459(3).

v JBS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established