National Union of Workers v Kagan Logistics Pty Ltd

[2011] FWA 7105

[2011] FWA 7105

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.448—Protected action

National Union of Workers
v
Kagan Logistics Pty Ltd
(B2011/3739)

DEPUTY PRESIDENT IVES MELBOURNE, 17 OCTOBER 2011

Application to revoke order made in B2011/3513.

[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 relates to an order I made on 27 September 2011 1 in an application by the NUW for a protected action ballot in matter B2011/3513.

[2] Section 448 of the Act relevantly provides:

‘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 B2011/3513 and is eligible to make this application pursuant to s.448 of the Act. The voting pursuant to the order has not closed. For these reasons, s.448(2) of the Act provides that I must revoke the protected action ballot order.

[4] An order will issue giving effect to this decision.

DEPUTY PRESIDENT

 1   PR515082

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