National Union of Workers New South Wales Branch v Woolstar Pty Ltd
[2011] FWA 2334
•14 APRIL 2011
[2011] FWA 2334 |
|
DECISION |
Fair Work Act 2009
s.447 - Application for variation of protected action ballot order
National Union of Workers New South Wales Branch
v
Woolstar Pty Ltd
(B2011/2759)
COMMISSIONER CAMBRIDGE | SYDNEY, 14 APRIL 2011 |
Application by the National Union of Workers, New South Wales Branch for variation of a protected action ballot Order
[1] On 23 March 2011, upon the application of the National Union of Workers, New South Wales Branch (NUWN), Fair Work Australia (FWA) made a protected action ballot Order [PR507728], (the Order). The Order was made in respect of specified employees of Woolstar Pty Ltd, (the employer).
[2] On 13 April 2011, the NUWN made an application pursuant to s.447 of the Fair Work Act 2009 (the Act), for variation of the Order. At point 5 of the application for variation to the Order it was stated that the variation sought involved a delay to the date by which voting in the protected action ballot closed. A brief explanation of the reason for the delay was provided and it was stated that the employer and the Australian Electoral Commission consented to the proposed delay.
[3] Unfortunately the draft order that accompanied the application related to an application for an extension of the 30 day time period for taking protected action as specified by s. 459(1)(d) of the Act. Consequently the matter was listed for Hearing today in an attempt to clarify the variation sought by the NUWN.
[4] It has subsequently been identified that the application for variation made by the NUWN primarily seeks to vary the terms of point 4 of the Order so as to extend the date by which the protected action ballot is to close. Therefore, pursuant to subsection 447(4) of the Act, FWA is prepared to vary the Order. A further Order [PN508486] providing variation to the Order is issued separately.
COMMISSIONER
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<Price code A, PR508484>
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