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

[2021] FWC 3961

[2021] FWC 3961

FAIR WORK COMMISSION

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

<PR731436>

 1   [2021] FWC 2961; PR730116.

 2   [2021] FWC 3917; PR731381.

 3   PR730116.

 4   PR731440.