National Union of Workers v ASAP Recruitment Pty Ltd
[2012] FWA 8597
•5 OCTOBER 2012
[2012] FWA 8597 |
|
DECISION |
Fair Work Act 2009
s.448—Protected action
National Union of Workers
v
ASAP Recruitment Pty Ltd
(B2012/1676)
COMMISSIONER LEE | MELBOURNE, 5 OCTOBER 2012 |
Application to revoke protected action ballot order made in B2012/1573.
[1] An application has been made pursuant to s.448 of the Fair Work Act 2009 (the Act) by the National Union of Workers (NUW) to revoke an order for a protected action ballot. The application was lodged on 4 October 2012. It relates to an Order [PR529146] which I issued on 13 September 2012 in matter B2012/1573.
[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 order in matter B2012/1573 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the order has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act. In these circumstances, s.448(2) of the Act provides that Fair Work Australia must revoke the protected action ballot order.
[4] An Order [PR529942] to revoke will issue accordingly.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR529941>
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