Australian Nursing and Midwifery Federation

[2014] FWC 7302

[2014] FWC 7302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Nursing and Midwifery Federation
(B2014/1467)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 21 OCTOBER 2014

Application to revoke order made in B2014/1396.

[1] This decision concerns an application by the Australian Nursing and Midwifery Federation (ANMF) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act).

[2] The application was lodged with the Fair Work Commission on 15 October 2014 and relates to an Order issued by me (PR555881) on 24 September 2014 pursuant to s.443 of the Act in relation to an application by the ANMF for a protected action ballot in matter B2014/1396.

[3] Section 448 of the Act says:

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.

[4] The ANMF was the applicant for the protected action ballot in matter B2014/1396 and is therefore eligible to make an application under s.448 of the Act.

[5] The voting pursuant to the Order PR555881 which is the subject of this application is scheduled to close on 21 October 2014, being 20 working days from the date of the Order, 24 September 2014.

[6] This application is therefore made within the time prescribed by s.448(1) of the Act.

[7] Pursuant to s.448(2) of the Act, I must revoke a protected action ballot if an application to do so is made. The statutory requirements are met, an Order is contained in PR556652.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556651>