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

[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.

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.

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.

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

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission to revoke a protected action ballot order that had been issued on 1 June 2022. The order in question was related to employees of Downer EDI Engineering Power Pty Ltd. The AMWU argued that the order should be revoked as it was no longer necessary or appropriate given the circumstances. The Fair Work Commission was required to determine whether the AMWU's application met the prerequisites for revocation under section 448 of the Fair Work Act 2009 and, if so, whether the order should be revoked. The Commission needed to consider whether the protected action ballot was no longer necessary or appropriate due to changes in the circumstances since the order was made.

The Deputy President of the Commission found that the AMWU's application met the requirements of section 448(1) of the Act, which allows for the revocation of a protected action ballot order if an application is made before voting in the ballot closes. The Deputy President also noted that under section 448(2) of the Act, the Commission is required to revoke the order if an application to do so is made. The Deputy President was satisfied that the AMWU's application was valid and that the order should be revoked. As a result, the Deputy President issued a revocation order with the decision.

In light of the above, the Fair Work Commission revoked the protected action ballot order issued on 1 June 2022 in relation to employees of Downer EDI Engineering Power Pty Ltd. The revocation was made in accordance with section 448 of the Fair Work Act 2009, which allows for the revocation of a protected action ballot order if an application is made before voting in the ballot closes. The Commission found that the AMWU's application met the prerequisites for revocation and that the order was no longer necessary or appropriate given the circumstances. A revocation order was issued with the decision, effectively cancelling the previous ballot order.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established