DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Veolia Water Operations Pty Ltd
(B2020/858)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 3 FEBRUARY 2021

Application for revocation of a protected action ballot order.

[1] The ASU has applied for a revocation of the protected action ballot order I made on 23 December 2020 (PR725820). Veolia Water Operations Pty Limited does not object to the revocation of the order.

[2] I am satisfied that the application for the revocation of the protected action ballot order was made before voting in the protected action ballot closed. Accordingly, I must revoke the order (s 448(2) of the Fair Work Act 2009 (Cth)). An order will be issued giving effect to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) applied for the revocation of a protected action ballot order that was previously issued by the Fair Work Commission (FWC). The application was made in relation to a dispute between the ASU and Veolia Water Operations Pty Ltd. The dispute was related to a proposed change in the employees' working conditions, which the ASU opposed. The FWC was required to decide whether to revoke the protected action ballot order, which allowed the ASU to hold a ballot to determine if its members were willing to take protected action.

The primary legal issue that the FWC had to address was whether the application for revocation of the protected action ballot order was made before voting in the ballot closed. If the application was made before voting closed, the FWC was required to revoke the order under section 448(2) of the Fair Work Act 2009 (Cth). The FWC found that the application for revocation was indeed made before voting closed, and therefore, the order had to be revoked.

The FWC Deputy President Saunders concluded that the application for the revocation of the protected action ballot order was made before voting in the ballot closed. Therefore, the order had to be revoked under section 448(2) of the Fair Work Act 2009 (Cth). The FWC issued an order giving effect to this decision. Veolia Water Operations Pty Ltd did not object to the revocation of the order.

No further orders were made by the FWC in this matter.

Australian Municipal, Administrative, Clerical and Services Union v Veolia Water Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established