Australian Electoral Commission v BR & I Pty Ltd

[2021] FWC 3917

[2021] FWC 3917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447 - Application for variation of protected action ballot order

Australian Electoral Commission
v
BR & I Pty Ltd
(B2021/494)

DEPUTY PRESIDENT BEAUMONT PERTH, 7 JULY 2021

Application for a variation of a Protected Action Ballot Order in B2021/342.

[1] An application has been made by the Australian Electoral Commission (AEC) under s 447 of the Fair Work Act 2009 (Cth) (Act) for variation of a protected action ballot order [PR730116] (the Order) in matter B2021/342. The Order was made upon application by the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the Unions) in respect of employees of BR & I Pty Ltd.

[2] The AEC’s application seeks to vary the Order to the effect that the date by which voting is to close is 14 July 2021.

[3] The Unions and BR & I Pty Ltd were advised of the application and did not object to the application.

[4] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] Having considered the material before me, I am satisfied that the requirements of s 447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to amend the closing date of the vote to 14 July 2021. An order 1 to that effect will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR731379>

 1   PR731381.