United Workers' Union v Rheem Australia Pty Ltd

[2021] FWC 5091

[2021] FWC 5091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447—Protected action

United Workers’ Union
v
Rheem Australia Pty Ltd
(B2021/687)

DEPUTY PRESIDENT DEAN CANBERRA, 17 AUGUST 2021

Application for a variation of a Protected Action Ballot Order in B2021/553.

[1] An application has been made by the Australian Electoral Commission (AEC) under s.447 of the Fair Work Act 2009 for variation of a protected action ballot order [PR731874] (the Order) in matter B2021/553 on 20 July 2021. The Order was made upon application by the United Workers’ Union (UWU) in respect of employees of Rheem Australia Pty Ltd.

[2] The AEC’s application seeks to vary the Order to the effect that the date by which voting is to close be extended to 15 September 2021.

[3] The UWU and Rheem Australia Pty Ltd were advised of the application and did not object to the application.

[4] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] Having considered the material before me, I am satisfied that the requirements of s.447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to extend the closing date of the vote to 15 September 2021. An order to that effect will be issued.

DEPUTY PRESIDENT

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