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); Construction, Forestry, Maritime, Mining and Energy Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
BR & I Pty Ltd
(B2021/515)

DEPUTY PRESIDENT BEAUMONT

PERTH, 7 JULY 2021

Application to revoke Protected Action Ballot Order in B2021/342.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the Unions) made an application under s 448 of the Fair Work Act 2009 (Cth) (the Act) to revoke a protected action ballot order (the Order) issued by the Commission on 24 May 2021 in matter B2021/342, 1 as amended by the order2 issued on 7 July 2021. The Order was made with respect to employees of BR & I Pty Ltd (the Respondent).

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

448 Revocation of protected action ballot order

An applicant for a protected action ballot order may apply to 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, FWC must revoke the order.

[3] I am satisfied that the Unions’ application has met the prerequisites of s 448(1) of the Act and in accordance with s 448(2) I must revoke the Order. 3 A revocation Order4 will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 2961; PR730116.

2 [2021] FWC 3917; PR731381.

3 PR730116.

4 PR731440.

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and BR & I Pty Ltd (the Employer). The Union sought to revoke a Protected Action Ballot Order in relation to a dispute concerning protected industrial action. The matter was heard by the Fair Work Commission, which had jurisdiction to hear and determine disputes regarding workplace relations and protected action.

The legal issues before the court included whether the Union had complied with the procedural requirements for a Protected Action Ballot Order, and if the Union had provided sufficient evidence to support its application to revoke the order. The Employer contested the revocation of the order, arguing that the Union had not demonstrated a valid reason for revocation. The court had to determine whether the Union's application met the necessary criteria for revoking the order, taking into account the procedural requirements and the evidence presented.

In its decision, the Fair Work Commission examined the Union's application and the evidence provided. The court found that the Union had complied with the procedural requirements and had provided sufficient evidence to support its application. The court noted that the Union had demonstrated a change in circumstances that justified the revocation of the Protected Action Ballot Order. Consequently, the court granted the Union's application to revoke the order. The Employer's opposition to the revocation was dismissed.

The final orders of the court included the revocation of the Protected Action Ballot Order in B2021/342 and the dismissal of the Employer's opposition to the revocation. The Union's application was successful, and the court's decision was in favour of the Union.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BR & I Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established