Australian Nursing and Midwifery Federation v Wheelers Hill Aged Services Trust T/A Wheelers Hill Aged Services

[2013] FWC 7536

[2013] FWC 7536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Nursing and Midwifery Federation
v
Wheelers Hill Aged Services Trust T/A Wheelers Hill Aged Services
(B2013/1255)

COMMISSIONER CRIBB MELBOURNE, 27 SEPTEMBER 2013

Application to revoke order made in B2013/1237.

[1] On 20 September 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 B2013/1237 [PR542018] (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 [PR542595] to this effect will issue concurrently with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR542597>