National Union of Workers v Hagemeyer Brands Australia

[2011] FWA 2506

[2011] FWA 2506

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.448—Protected action

National Union of Workers
v
Hagemeyer Brands Australia
(B2011/2804)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 27 APRIL 2011

Application to revoke order made in B2011/2739.

[1] An application has been made pursuant to s.448 of the Fair Work Act 2009 (the Act) by the National Union of Workers (the NUW) to revoke an order for a protected action ballot. The application was lodged on 27 April 2011. It relates to an order 1 issued by Senior Deputy President Ives on 12 April 2011 in an application by the NUW for a protected action ballot in matter B2011/2739.

[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 B2011/2739 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the orderⁱ 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. An Order will issue accordingly.

SENIOR DEPUTY PRESIDENT

 1   PR508400

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