National Union of Workers

[2010] FWA 10064

[2010] FWA 10064

FAIR WORK AUSTRALIA

DECISION

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

National Union of Workers
(B2010/3753)

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 24 DECEMBER 2010

Application to revoke order made in B2010/3278.

[1] An application by the National Union of Workers (the NUW) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act) was lodged in Fair Work Australia on 23 December 2010. The application relates to an order issued by me (PR505257) on 17 December 2010 pursuant to s.443 of the Act in an application by the NUW for a protected action ballot in matter B2010/3728.

[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 NUW was the applicant for the protected action ballot in matter B2010/3278 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the Order (PR505257) 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, Fair Work Australia must revoke a protected action ballot if an application to do so is made. An Order will issue accordingly.

SENIOR DEPUTY PRESIDENT

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