Australasian Meat Industry Employees Union, The v Northern Co-Operative Meat Company Limited T/A Casino Food Co-Op Summary

[2023] FWC 2675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australasian Meat Industry Employees Union, The

Northern Co-Operative Meat Company Limited T/A Casino Food Co-Op

(B2023/1089)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 OCTOBER 2023

Application for a revocation of a Protected Action Ballot Order in B2023/1008

A protection action ballot order was issued on 22 September 2023 [1]. The ballot has not yet been conducted.

The Australian Meat Industry Employees Union 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 B2023/1008 is hereby revoked.

DEPUTY PRESIDENT

[1] PR766524.

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 (FWC) for the revocation of a protected action ballot order issued in relation to the Northern Co-Operative Meat Company Limited, trading as Casino Food Co-Op. The ballot had not yet been conducted at the time of the application. The application was made under section 448 of the Fair Work Act 2009, which allows an applicant to request the revocation of a protected action ballot order before voting closes. This section mandates that if an application is made, the FWC must revoke the order.

The legal issues before the FWC were whether the requirements of section 448 had been satisfied and whether the FWC was obliged to revoke the order. Given that the application was made in accordance with section 448, and before the ballot was conducted, the FWC determined that the requirements had indeed been met. Therefore, the FWC was bound to revoke the order, as stipulated by the Act.

The FWC concluded that the protected action ballot order issued in the case of the Northern Co-Operative Meat Company Limited was to be revoked. The order was made in matter B2023/1008 and was subsequently revoked by the Deputy President on 13 October 2023. This decision was based on the clear provision of section 448 of the Fair Work Act 2009, which mandates the revocation of the order if an application is made by the applicant before the voting closes.

In summary, the Fair Work Commission revoked the protected action ballot order in accordance with the statutory requirements of section 448 of the Fair Work Act 2009. The application by the Australasian Meat Industry Employees Union was made before the ballot was conducted, thereby satisfying the conditions for revocation as set out in the Act.

Australasian Meat Industry Employees Union, The v Northern Co-Operative Meat Company Limited T/A Casino Food Co-Op

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established