National Union of Workers v Corporate Express Australia

[2012] FWA 8107

[2012] FWA 8107

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.448—Protected action

National Union of Workers
v
Corporate Express Australia
(B2012/1609)

COMMISSIONER LEE MELBOURNE, 18 SEPTEMBER 2012

Application for revocation of protected action ballot order issued in matter B2012/1517.

[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 17 September 2012. It relates to an Order [PR528441] which I issued on 28 August 2012 in matter B2012/1517.

[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 in matter B2012/1517 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.

[4] An Order [PR529354] to revoke will issue accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529355>