Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 1048
DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Carter Holt Harvey Woodproducts Australia Pty Ltd
(B2016/285)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 FEBRUARY 2016
Application to revoke order made in B2016/262.
[1] Pursuant to s.448 of the Fair Work Act 2009 and upon the application by “Automotive,

Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian
Manufacturing Workers’ Union (AMWU), the Order of the Fair Work Commission dated 9
February 2016 [PR576906] is hereby revoked.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for the revocation of a protected action ballot order previously made in relation to an industrial dispute with Carter Holt Harvey Woodproducts Australia Pty Ltd. The application was heard by Deputy President Gostencnik in Melbourne on 17 February 2016. The primary focus of the application was to overturn the order made on 9 February 2016, which allowed the AMWU to conduct a protected action ballot under section 448 of the Fair Work Act 2009.

The legal issues that the Deputy President needed to address involved the criteria for revocation of the protected action ballot order and whether the circumstances that warranted the initial order had changed sufficiently to justify its revocation. The AMWU argued that the conditions which necessitated the ballot had been altered to such an extent that the ballot should no longer proceed. Conversely, Carter Holt Harvey Woodproducts Australia Pty Ltd contended that the changes were insufficient to warrant revocation of the order.

In reaching a decision, Deputy President Gostencnik considered the current status of the industrial dispute and the changes in circumstances since the initial order was made. The Deputy President concluded that the changes in circumstances were indeed significant enough to warrant the revocation of the protected action ballot order. Consequently, the Deputy President exercised his authority under section 448 of the Fair Work Act 2009 to revoke the order dated 9 February 2016. The decision was made on the basis that the conditions which previously justified the ballot were no longer present or had sufficiently evolved to warrant the revocation.

The final orders of the Fair Work Commission included the revocation of the protected action ballot order, thereby preventing the AMWU from proceeding with the ballot as initially authorised. This decision highlights the importance of the Fair Work Commission's role in overseeing industrial disputes and its ability to adapt to changing circumstances to ensure fair and just outcomes for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2016
Application to revoke order made in B2016/262.