Association of Professional Engineers, Scientists and Managers, Australia, The v City of Whittlesea Summary

[2023] FWC 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.448 - Application for revocation of protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia, The
v

City of Whittlesea

(B2023/1228)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 9 NOVEMBER 2023

Application for a revocation of a Protected Action Ballot Order in B2023/1061

A protection action ballot order was issued on 9 October 2023.[1] The ballot has not yet been conducted.

The Association of Professional Engineers, Scientists and Managers, Australia, being the applicant in this matter, has now made an application under s.448 of the Fair Work Act 2009 (the Act) to revoke the order.

Section 448 of the Act provides that:

448 Revocation of protected action ballot order
(1)An applicant for a protected action ballot order may apply to the FWC, at any time before voting in the protected action ballot closes, to revoke the order.
(2)If an application to revoke a protected action ballot order is made, the FWC must revoke the order.

The requirements of s.448 have been met and the Commission is obliged to revoke the order.

The protected action ballot order made in matter B2023/1061 is hereby revoked.

DEPUTY PRESIDENT

[1] PR766940.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia, has applied to the Fair Work Commission for the revocation of a protected action ballot order previously issued in relation to a dispute with the City of Whittlesea. This application was made under section 448 of the Fair Work Act 2009, which permits an applicant to seek revocation of a ballot order at any time before the ballot closes. The ballot had not yet been conducted at the time of the application.

The primary legal issue before the Commission was whether the application met the criteria under section 448 of the Act to warrant the revocation of the protected action ballot order. Section 448 stipulates that if an application to revoke is made, the Fair Work Commission must revoke the order. The Commission examined the application to determine if all statutory requirements had been satisfied, thereby obligating the Commission to revoke the order.

Upon reviewing the application, the Deputy President concluded that the requirements of section 448 were indeed met. Consequently, the Commission was obligated to revoke the protected action ballot order issued in matter B2023/1061. The order was subsequently revoked as per the statutory requirement.

The Fair Work Commission revoked the protected action ballot order issued on 9 October 2023, pursuant to section 448 of the Fair Work Act 2009.

Association of Professional Engineers, Scientists and Managers, Australia, The v City of Whittlesea

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established