Application by Transport Workers’ Union of Australia

[2023] FWC 3047

[2023] FWC 3047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.448—Protected action

Application by Transport Workers’ Union of Australia

(B2023/1154)
(B2023/1279)

DEPUTY PRESIDENT WRIGHT SYDNEY, 20 NOVEMBER 2023

Application for a revocation of a Protected Action Ballot Order in B2023/1154 - Revocation of s. 448A Order

1. A protected action ballot order was issued on 2 November 2023.[1] The date by which voting in the protected action ballot is to close is 4 December 2023.

1. The Transport Workers’ Union (TWU), 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.

1. 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.

1. The requirements of s.448 have been met and the Commission is obliged to revoke the order.

1. The protected action ballot order made in matter B2023/1154 is hereby revoked. Accordingly, the order made on 2 November 2023 pursuant to s. 448A of the FW Act requiring the bargaining representatives to attend a conference on 21 November 2023 is also revoked.

DEPUTY PRESIDENT

[1] PR767925

Printed by authority of the Commonwealth Government Printer

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