“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

[2017] FWC 2172

[2017] FWC 2172

FAIR WORK COMMISSION

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

<Price code A, PR591936>