National Union of Workers v Linfox Pty Ltd

[2017] FWC 2743

[2017] FWC 2743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 448 - Application for revocation of protected action ballot order

National Union of Workers

v

Linfox Pty Ltd

(B2017/403)

SYDNEY, 22 MAY 2017

Application to revoke order made in B2017/334.

1. On 28 April 2017, pursuant to s 437 of the Fair Work Act 2009 (‘the Act’), I made a protected action ballot order which was to involve members of the National Union of Workers (‘the Union’) employed by Linfox Pty Ltd [PR592454]. The ballot was to close on 26 May 2017.

1. However, on 16 May 2017, pursuant to s 448 of the Act, the Union filed an application for revocation of the protected action ballot order. Section 448 of the Act is in the following terms:

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

1. Given the mandatory nature of subsection (2) above and that the Union is seemingly not required to provide any reasons why it seeks a revocation of the order, I intend to do so.

1. An order to that effect will be published with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR593041>