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

[2012] FWA 7640

[2012] FWA 7640

FAIR WORK AUSTRALIA

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)
v
Southern Engineering Services Pty Ltd
(B2012/1545)

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 4 SEPTEMBER 2012

Application to revoke an order made in B2012/981.

[1] This is an application made pursuant to s.448 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the AMWU). The application seeks to revoke a protected action ballot order made on 22 August 2012 [PR528160] in B2012/981.

[2] On the 20 August 2012, the AMWU made an application pursuant to s.437 of the Act seeking a protected action ballot order in relation to its members employed by Southern Engineering Services Pty Ltd (the Employer) that would be covered by the proposed agreement.

[3] The matter was heard on 22 August 2012. The Employer opposed the application stating that negotiations had not been exhausted and that the parties were close to reaching an agreement. The Employer had recently amended its counter offer and put a proposed agreement to its workforce for a vote.

[4] Under s.448(1) of the Act an applicant may at any time before voting in the protected action ballot closes, apply to Fair Work Australia to have the protected action ballot order revoked. If an application is made to revoke a protected action ballot order, I am required to revoke the order pursuant to s.448(2).

[5] The applicant has met the prerequisites required under s.448(1) of the Act. As such the Tribunal is required to accede to the application and revoke its previous order authorising a secret ballot.

[6] An order [PR528748] is issued in conjunction with this decision.

COMMISSIONER

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