Australian Municipal, Administrative, Clerical and Services Union

[2011] FWA 5856

[2011] FWA 5856

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
(B2011/3293)

COMMISSIONER SMITH MELBOURNE, 29 AUGUST 2011

Application for revocation of an Order in B2011/3246.

[1] An application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act) was lodged in Fair Work Australia on 19 August 2011. The application relates to an order issued by Deputy President Hamilton (PR513276) on 18 August 2011 pursuant to s.443 of the Act in an application by the ASU for a protected action ballot in matter B2011/3246.

[2] Section 448 of the Act deals with revocation of protected action ballot orders and is set out below:

“448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to FWA, 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, FWA must revoke the order.”

[3] The ASU was the applicant for the protected action ballot in matter B2011/3246 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the Order (PR513276) has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act.

[4] Pursuant to s.448(2) of the Act, Fair Work Australia must revoke a protected action ballot if an application to do so is made. An Order will issue accordingly.

COMMISSIONER

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