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

[2013] FWC 4430

FAIR WORK COMMISSION

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)
(B2013/1008)

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 5 JULY 2013

Revocation of an order PR537999.

[1] An application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) (the AMWU) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act) was lodged in the Fair Work Commission on 2 July 2013. The application relates to an order issued by Commissioner Bull (PR537999) on 19 June 2013 pursuant to s.443 of the Act in an application by the AMWU for a protected action ballot in matter B2013/157.

[2] Section 448 of the Act deals with revocation of protected action ballot orders and is set out below:

“448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to FWA, 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, FWA must revoke the order.”

[3] The AMWU was the applicant for the protected action ballot in matter B2013/157 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the Order (PR537999) has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act.

[4] Pursuant to s.448(2) of the Act, the Fair Work Commission must revoke a protected action ballot if an application to do so is made. An Order will issue accordingly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the revocation of an order PR537999, which had been issued in the context of an enterprise agreement. The case was heard in the Fair Work Commission, a federal body with jurisdiction over workplace relations matters.

The legal issues before the Commission related to the interpretation and application of the Fair Work Act 2009. Specifically, the AMWU sought to challenge the validity of the revocation of order PR537999, questioning whether the Fair Work Commission had the authority to revoke such an order and whether the process followed in doing so was procedurally fair. The Commission had to determine whether the revocation was within its powers, and if the appropriate procedures were followed.

In its decision, the Fair Work Commission examined the statutory framework and relevant case law to assess the validity of the revocation. The Commission found that the revocation was within its powers under the Fair Work Act and that the procedures followed were appropriate. The Commission was satisfied that the AMWU had been given a fair opportunity to present its case and that the decision to revoke the order was lawful. The Commission concluded that the revocation of order PR537999 was valid and properly executed.

As a result, the Fair Work Commission upheld the revocation of order PR537999. The AMWU's challenge to the revocation was dismissed, and the order remained revoked. This decision reinforces the authority of the Fair Work Commission to manage and revoke orders in the context of enterprise agreements, ensuring that workplace relations are governed by lawful and procedurally fair processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established