Construction, Forestry, Maritime, Mining and Energy Union v G&S Engineering Services Pty Ltd

[2021] FWC 4449

[2021] FWC 4449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
G&S Engineering Services Pty Ltd
(B2021/586)

DEPUTY PRESIDENT DEAN CANBERRA, 23 JULY 2021

Application for revocation of protected action ballot order made in B2021/539.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) made an application under s.448 of the Fair Work Act 2009 to revoke a protected action ballot order (the Order) issued by the Commission on 15 July 2021 in matter B2021/539. The Order was made with respect to employees of G&S Engineering Services Pty Ltd.

[2] Section 447 of the Act deals with revocation of protected action ballot orders. It 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.”

[3] I am satisfied that the CFMMEU’s application has met the prerequisites of s.448(1) of the Act and in accordance with s.448(2) I must revoke the Order. A revocation order will be issued with this decision.

DEPUTY PRESIDENT

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