Australian Principals Federation v State of Victoria (Department of Education & Early Childhood Development)

[2013] FWC 2441

[2013] FWC 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Principals Federation
v
State of Victoria (Department of Education & Early Childhood Development)
(B2013/794)

COMMISSIONER BISSETT MELBOURNE, 22 APRIL 2013

Application to revoke order made in B2013/721.

[1] On 2 April 2013, pursuant to s.437 of the Fair Work Act 2009 (the Act), I made a protected action ballot Order [PR535261] for matter B2013/721 upon application by the Australian Principals Federation (the AFP) with respect to employees of the State of Victoria (Department of Education & Early Childhood Development) to be covered by the proposed enterprise agreement. The ballot was to close on 3 May 2013.

[2] On 18 April 2013, pursuant to s.448 of the Act, the AFP filed an application for revocation of the protected action ballot order.

[3] Section 448 of the Act provides:

448 Revocation of protected action ballot order

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

[4] The AFP was the applicant for the protected action ballot in matter B2013/721 and is therefore eligible to make an application under s.448 of the Act. The voting pursuant to the Order [PR535261] which is subject of this application is scheduled to close on 3 May 2013. This application is therefore made within the time prescribed by s.448(1) of the Act.

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

COMMISSIONER

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<Price code A, PR535887>