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"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 Uni [2021] FWC 3961

Case law · Commonwealth · 2021
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 (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 (1) 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. 1 [2021] FWC 2961; PR730116. 2 [2021] FWC 3917; PR731381. 3 PR730116. [2021] FWC 3961 DECISION -- 1 of 2 -- [2021] FWC 3961 2 DEPUTY PRESIDENT <PR731436> 4 PR731440. -- 2 of 2 --