Australian Nursing and Midwifery Federation v Primary Caring Pty Ltd T/A Cumberland Manor

[2013] FWC 7794

[2013] FWC 7794

The attached document replaces the document previously issued with the above code on 4 October 2013.

The paragraph numbering has been corrected.

Matthew Jordon

Acting Associate to Commissioner Cribb

Dated 10 October 2013

[2013] FWC 7794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Nursing and Midwifery Federation
v
Primary Caring Pty Ltd T/A Cumberland Manor
(B2013/1286)

COMMISSIONER CRIBB MELBOURNE, 4 OCTOBER 2013

Application to revoke order made in B2013/1225.

[1] On 3 October 2013 the Australian Nursing and Midwifery Federation (ANMF) made an application to revoke an order for protected action ballot issued by the Fair Work Commission (the Commission) on 18 September 2013 in matter B2013/1225 [PR542022] (Original Order)

[2] Section 448 of the Fair Work Act 2009 (the Act) states:

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.

[3] The ANMF were the Applicant for the Original Order and are therefore eligible to make this application.

[4] Pursuant to the Original Order, voting in the protected action ballot was to close 20 working days from the date the Original Order was issued.

[5] As the application has been made within the time prescribed by s.448(1) and by a party with standing to make the application, the Commission must revoke the Original Order.

[6] An Order [PR542918] to this effect will issue concurrently with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR542921>