National Union of Workers

[2010] FWA 6337

[2010] FWA 6337

FAIR WORK AUSTRALIA

DECISION

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

National Union of Workers
(B2010/3337)

COMMISSIONER LEWIN MELBOURNE, 18 AUGUST 2010

Application to revoke order made in B2010/3305.

[1] This decision concerns 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). The application was lodged in Fair Work Australia on 18 August 2010.

[2] The application relates to an order issued by me (PR500428) on 11 August 2010 pursuant to s.443 of the Act in an application by the NUW for a protected action ballot in matter B2010/3305.

[3] 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.”

[4] The NUW was the applicant for the protected action ballot in matter B2010/3305 and is therefore eligible to make an application under s.448 of the Act. The voting pursuant to the Order (PR500428) which is subject of this application is scheduled to close on 31 August 2010, being 20 days from the date of the Order, 11 August 2010. This application is therefore made within the time prescribed by s.448(1) of the Act.

[5] Pursuant to s.448(s) 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.

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