National Union of Workers v Mitre 10 Pty Ltd
[2012] FWA 8636
•8 OCTOBER 2012
[2012] FWA 8636 |
|
DECISION |
Fair Work Act 2009
s.448—Protected action
National Union of Workers
v
Mitre 10 Pty Ltd
(B2012/1681)
COMMISSIONER LEE | MELBOURNE, 8 OCTOBER 2012 |
Application to revoke order made in B2012/1572.
[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 5 October 2012. It relates to an order 1 which I issued on 12 September 2012 in an application by the NUW for a protected action ballot in matter B2012/1572.
[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 B2012/1572 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.
[4] An Order will issue accordingly.
COMMISSIONER
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