"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union v Opal Packaging Australia Pty Ltd [2024] FWC 235

1 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 v Opal Packaging Australia Pty Ltd (B2024/67) COMMISSIONER PERICA MELBOURNE, 30 JANUARY 2024 Application for a revocation of a Protected Action Ballot Order in B2024/67 [1] A protected action ballot order was issued on 29 December 2023.1 The date by which voting in the protected action ballot is to close is 13 February 2024. [2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being the applicant in this matter, has made an application under s.448 of the Fair Work Act 2009 (the Act) to revoke the order. [3] Section 448 of the Act provides that: 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] The requirements of s.448 have been met and the Commission is obliged to revoke the order. [5] The protected action ballot order made in matter B2023/1406 is hereby revoked. Accordingly, the order made on 2 January 2024 pursuant to s. 448A of the FW Act requiring the bargaining representatives to attend a conference on 30 January 2024 is also revoked. [2024] FWC 235 DECISION -- 1 of 2 -- [2024] FWC 235 2 COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR770730> 1 PR769871 -- 2 of 2 --