Finance Sector Union of Australia v SGE Credit Union Limited

[2011] FWA 5187

[2011] FWA 5187

FAIR WORK AUSTRALIA

DECISION

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

Finance Sector Union of Australia
v

SGE Credit Union Limited

(B2011/3240)

DEPUTY PRESIDENT SAMS SYDNEY, 5 AUGUST 2011

Application for revocation of protected action ballot order.

[1] On 28 July 2011, pursuant to s 437 of the Fair Work Act 2009 (‘the Act’), I made a protected action ballot order which was to involve members of the Finance Sector Union of Australia (‘the Union’) employed by SGE Credit Union Limited [PR512666]. The ballot was to close on 31 August 2011.

[2] However, on 4 August 2011, pursuant to s 448 of the Act, the Union filed an application for revocation of the protected action ballot order. Section 448 of the Act is in the following terms:

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] Given the mandatory nature of subsection (2) above and that the Union is seemingly not required to provide any reasons why it seeks a revocation of the order, I intend to do so.

[4] An order to that effect will be published with this decision.

DEPUTY PRESIDENT

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