Australian Rail, Tram and Bus Industry Union v Aurizon Ltd

[2014] FWC 8038

[2014] FWC 8038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order

Australian Rail, Tram and Bus Industry Union
v
Aurizon Ltd
(B2014/1582)

COMMISSIONER SPENCER BRISBANE, 12 NOVEMBER 2014

Application to revoke orders made in B2014/1548.

[1] An application has been made pursuant to s.448 of the Fair Work Act 2009 (the Act) by the Australian Rail, Tram and Bus Industry Union (the RTBU), to revoke an order for a protected action ballot. The application was lodged on 12 November 2014. It relates to an Order [PR557425] which was issued on 5 November 2014 and a Further Order [PR557582] which was issued on 11 November 2014 in an application by the RTBU for a protected action ballot in matter B2014/1548. The application for revocation is made on the basis that the Applicant’s prior application in matter B2014/1548 contained errors in relation to the naming of the employing entities.

[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 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 RTBU was the applicant for the protected action ballot in matter B2014/1548 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the order has not commenced. 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 [PR557663] will issue accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR557662>