"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Case

[2013] FWC 4430

5 JULY 2013

No judgment structure available for this case.

[2013] FWC 4430

FAIR WORK COMMISSION

DECISION



Fair Work Act 2009

s.448 - Application for revocation of protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2013/1008)

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 5 JULY 2013

Revocation of an order PR537999.

[1] An application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) (the AMWU) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act) was lodged in the Fair Work Commission on 2 July 2013. The application relates to an order issued by Commissioner Bull (PR537999) on 19 June 2013 pursuant to s.443 of the Act in an application by the AMWU for a protected action ballot in matter B2013/157.

[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 FWA, 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, FWA must revoke the order.”

[3] The AMWU was the applicant for the protected action ballot in matter B2013/157 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the Order (PR537999) has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act.

[4] 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.

DEPUTY PRESIDENT

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<Price code A, PR538616>

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