Association of Professional Engineers, Scientists and Managers, Australia, The v City of Whittlesea

Case

[2023] FWC 2935

9 NOVEMBER 2023


[2023] FWC 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.448 - Application for revocation of protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia, The
v

City of Whittlesea

(B2023/1228)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 9 NOVEMBER 2023

Application for a revocation of a Protected Action Ballot Order in B2023/1061

  1. A protection action ballot order was issued on 9 October 2023.[1] The ballot has not yet been conducted.

  1. The Association of Professional Engineers, Scientists and Managers, Australia, being the applicant in this matter, has now 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 B2023/1061 is hereby revoked.

DEPUTY PRESIDENT


[1] PR766940.

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