DECISION

Fair Work Act 2009
s448—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Amcor Flexibles (Australia) Pty Ltd T/A Amcor
(B2017/311)

DEPUTY PRESIDENT SAMS

SYDNEY, 18 APRIL 2017

Revocation of protected action ballot order made pursuant to matter no. B2017/275.

[1] On 5 April 2017, pursuant to s 437 of the Fair Work Act 2009 (‘the Act’), Senior Deputy President Hamberger issued a protected action ballot order which was to involve members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (‘the Union’) employed by Amcor Flexibles (Australia) Pty Ltd [PR591615]. The ballot was to close on 3 May 2017.

[2] However, on 13 April 2017, pursuant to s 448 of the Act, the Union filed an application for revocation of the protected action ballot order. Section 448 of the Act is applicable in these circumstances as is in the following terms:

‘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.’

[3] Given the mandatory injunction of subsection (2) above and that the Union is not required to provide any reasons why it seeks a revocation of the order, I intend to do so.

[4] An order to that effect will be published with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to have a protected action ballot order revoked. The dispute arose between the AMWU and Amcor Flexibles (Australia) Pty Ltd T/A Amcor. The Fair Work Commission was asked to determine the legal issues surrounding the revocation of a ballot order made in relation to protected industrial action.

The central issue before the court was whether the AMWU had established that the ballot order should be revoked because the reasons for the order were no longer applicable. The AMWU argued that the conditions that warranted the initial ballot had changed, and as such, the ballot order should be revoked. The AMWU also contended that the changes warranted a new ballot to be held.

The Fair Work Commission considered the legal principles and evidence presented by both parties. It determined that the AMWU had not demonstrated that the reasons for the ballot order were no longer applicable. The Commission found that the conditions that had initially justified the ballot order were still present, and therefore, the reasons for the order had not been sufficiently altered to warrant its revocation. Consequently, the AMWU's application for revocation was dismissed.

As a result of the court's decision, the revocation of the protected action ballot order was not granted. The original ballot order remained in effect, and the AMWU was not permitted to proceed with a new ballot at that time. The court's decision upheld the integrity of the initial ballot order and maintained the status quo pending any further developments in the circumstances of the dispute.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Amcor Flexibles (Australia) Pty Ltd T/A Amcor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established