“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Downer EDI Engineering Power Pty Ltd

[2022] FWC 1824

[2022] FWC 1824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.448—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Downer EDI Engineering Power Pty Ltd

(B2022/676)

DEPUTY PRESIDENT DEAN CANBERRA, 12 JULY 2022

Application for a variation of a Protected Action Ballot Order in B2022/501.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application under s.448 of the Fair Work Act 2009 to revoke a protected action ballot order (the Order) issued by the Commission on 1 June 2022 in matter B2022/501. The Order was made with respect to employees of Downer EDI Engineering Power Pty Ltd.

1. Section 447 of the Act deals with revocation of protected action ballot orders. It provides:

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.

1. I am satisfied that the AMWU’s application has met the prerequisites of s.448(1) of the Act and in accordance with s.448(2) I must revoke the Order. A revocation order will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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