National Union of Workers v BAM Wine Logistics Pty Ltd

[2013] FWC 8985

[2013] FWC 8985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

National Union of Workers
v
BAM Wine Logistics Pty Ltd
(B2013/1406)

COMMISSIONER ROE HOBART, 15 NOVEMBER 2013

Application to revoke order made in B2013/1336.

[1] On 24 October 2013 the Fair Work Commission (Commission) issued a Protected Action Ballot Order [PR543700] (Original Order) following an application by the National Union of Workers (NUW).

[2] On 8 November 2013 the NUW made an application to revoke the Original Order.

[3] Section 448 of the Fair Work Act 2009 (Act) states:

448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC, 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, the FWC must revoke the order.

[4] Voting in the protected action ballot pursuant to the Original Order was to close 20 working days from the date the Original Order was issued, 24 October 2013. That means voting in the protected action ballot is due to close on 21 November 2013.

[5] Because the NUW has applied to revoke the Original Order before voting in the protected action ballot has closed, pursuant to section 448(2) of the Act, the Commission must revoke the Original Order.

[6] An Order [PR544580] to this effect will issue concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544579>