Australian Municipal, Administrative, Clerical and Services Union v Launceston City Council

[2013] FWC 9105

[2013] FWC 9105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Launceston City Council
(B2013/1480)

COMMISSIONER LEE MELBOURNE, 19 NOVEMBER 2013

Application for revocation of protected action ballot order made in B2013/1373.

[1] An application has been made pursuant to s.448 of the Fair Work Act 2009 (the Act) by the Australian Municipal, Administrative, Clerical and Services Union (the ASU), to revoke an order for a protected action ballot. The application was lodged on 18 November 2013. It relates to an Order 1 which I issued on 31 October 2013 in an application by the ASU for a protected action ballot in matter B2013/1373.

[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 B2012/1373 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the order has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act. In these circumstances, s.448(2) of the Act provides that the Fair Work Commission must revoke the protected action ballot.

[4] An Order 2 will issue accordingly.

COMMISSIONER

 1   PR544034

 2   PR544751

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<Price code A, PR544752>