National Union of Workers v Bidvest Melbourne Pty Ltd

[2015] FWC 7231

[2015] FWC 7231

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Bidvest Melbourne Pty Ltd
(B2015/1481)

COMMISSIONER ROE MELBOURNE, 21 OCTOBER 2015

Application for revocation of ballot B2015/1437 - Bidvest Melbourne Pty Ltd.

[1] On 8 October 2015 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [PR572735] (Original Order) following an application by the National Union of Workers (NUW). On 20 October 2015 the NUW made an application to revoke the Original Order.

[2] 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.”

[3] 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, 8 October 2015. That means voting in the protected action ballot is due to close on 5 November 2015.

[4] 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.

[5] An Order [PR573125] to this effect will issue concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573124>