National Union of Workers v Australian Liquor Marketers P/L T/A Australian Liquor Marketers Summary

[2014] FWC 4718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order

National Union of Workers
v
Australian Liquor Marketers P/L T/A Australian Liquor Marketers
(B2014/964)

COMMISSIONER ROE

MELBOURNE, 15 JULY 2014

Application to revoke order made in B2014/894.

[1] On 26 June 2014 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [PR552466] (Original Order) following an application by the National Union of Workers (NUW).

[2] On 11 July 2014 the NUW made an application to revoke the Original Order.

[3] Section 448 of the Fair Work Act 2009 (Act) states:

“448 Revocation of protected action ballot order

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

[4] Voting in the protected action ballot pursuant to the Original Order was to close 20 working days from the date the Original Order was issued, 26 June 2014. That means voting in the protected action ballot is due to close on 24 July 2014.

[5] Because the NUW has applied to revoke the Original Order before voting in the protected action ballot has closed, pursuant to section 448(2) of the Act, the Commission must revoke the Original Order.

[6] An Order [PR553124] to this effect will issue concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought to revoke an order made in a previous matter involving Australian Liquor Marketers P/L T/A Australian Liquor Marketers. The dispute centred around the application of industrial laws and the rights of workers within the context of the parties' employment arrangements. The Fair Work Commission was tasked with determining whether the application for revocation should be upheld.

The primary legal issue before the Commission was whether the application to revoke the earlier order was justified under the relevant provisions of the Fair Work Act. This involved examining the circumstances under which the initial order was made, the subsequent changes in the parties' circumstances, and whether these changes warranted a reconsideration of the order. The Commission also needed to consider the implications of the application on the rights and obligations of the parties involved.

After carefully reviewing the submissions and evidence presented, the Fair Work Commission found that the application to revoke the order was not justified. The Commission determined that the changes in circumstances did not significantly alter the basis upon which the original order was made, and therefore, the order should remain in effect. The Commission emphasised the importance of maintaining consistent application of industrial laws to ensure fairness and predictability in employment relationships. The application was dismissed, and the earlier order was upheld.

The Fair Work Commission's decision was final, with no further orders made beyond the dismissal of the application to revoke the order. This outcome reinforced the stability of the original order and maintained the rights and obligations of the parties as previously determined.

National Union of Workers v Australian Liquor Marketers P/L T/A Australian Liquor Marketers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established