Solvay Interox Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia the Australian Workers' Union “Automotive, Food, Metals, Engineering,

[2025] FWC 2625

[2025] FWC 2625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.424 - Application to terminate protected industrial action

Solvay Interox Pty Ltd
v
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

The Australian Workers’ Union

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union

(B2025/1361)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 4 SEPTEMBER 2025

Application by Solvay Interox Pty Ltd to terminate protected industrial action under s 424 of the Fair Work Act 2009 (Cth) – application to correct or amend order under s 602 or s 603 of the Fair Work Act 2009 (Cth)

1. On 2 September 2025, I heard an urgent application by Solvay Interox Pty Ltd under ss 424 and 426 of the Fair Work Act 2009 (Cth) for an order that protected industrial action be terminated.

1. Having heard the application between 2pm and about 6:30pm on 2 September 2025, I issued a decision and an order at about 9pm that night.[1]

1. The respondents have made an application that I amend or correct the order under s 602 or s 603 of the Act. They submit that the order terminating protected industrial action does not reflect the intention of my decision, which was to only address the protected industrial action that was planned to commence at 12:01am on 3 September 2025.

1. Solvay opposes the application under s 602 or s 603 of the Act. It submits that there is no obvious error and the order I made reflects the remedy sought by Solvay and the intent of my decision. Solvay submits that, as a consequence of my order terminating the industrial action, it now has rights under s 266 of the Act.

1. I am satisfied that the order I made on the night of 2 September 2025 does contain an obvious error. It is clear from my decision that I only intended to stop the particular protected industrial action which was scheduled to take place between 12:01am and 5:01am on 3 September 2025 from happening.[2] There were no other notices of protected industrial action “in the field”.[3] Having regard to these matters, the obvious error in my order was to refer to the termination of the protected industrial action scheduled to take place between 12:01am and 5:01am on 3 September 2025, rather than the suspension of that action, as I intended.

1. Taking into account to all the circumstances, I consider it appropriate to exercise my discretion under s 602(1) of the Act to correct the obvious error I have identified above by amending the order as follows:

“[1] In accordance with s 424(1)(c) of the Fair Work Act 2009 (Cth), the Fair Work Commission orders that protected industrial action proposed to be taken by members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) between 12:01am and 5:01am on 3  September 2025 (PIA) in relation to the Solvay Interox Pty Ltd Banksmeadow Site Enterprise  Agreement 2025 (Proposed Agreement) be terminated suspended for the specified period of the action.

[2]This order is binding on:

a.            Solvay Interox Pty Ltd (Solvay);

b.           the AMWU;

c.            all employees of Solvay who:

i.will be covered by the Proposed Agreement;

ii.are a member of the AMWU;

iii.are an employee the subject of the written notice of intention to take protected action, dated 28 August 2025, and provided by the AMWU to Solvay in respect of industrial action commencing on 3 September 2025.

[3]This order will operate from 12:01 A.M. (AEST) on Wednesday, 3 September 2025 and ceases operation at the conclusion of the PIA at 5:01am on 3 September 2025.”

1. An order will be issued separately to this decision.

DEPUTY PRESIDENT

Appearances:

Mr J Phillips, of senior counsel, for the Applicant

Ms S Kelly, of counsel, for the Respondents

Hearing details:

2025
Newcastle (via telephone)
4 September 2025

[1] [2025] FWC 2594 & PR791349

[2] [2025] FWC 2594 at [11], [17] & [18]

[3] [2025] FWC 2594 at [9]

Printed by authority of the Commonwealth Government Printer

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