National Union of Workers v Staples Australia Pty Ltd

[2016] FWC 4212

[2016] FWC 4212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order

National Union of Workers
v
Staples Australia Pty Ltd
(B2016/664)

DEPUTY PRESIDENT BULL SYDNEY, 27 JUNE 2016

Application to revoke protected action ballot order made in B2016/614[PR581513]

[1] The National Union of Workers (NUW) has filed an application under s.448 of the Fair Work Act 2009 (the Act) to revoke a protected action ballot order [PR581513] (the s.437 Order) issued on 14 June 2016.

[2] The s.437 Order was issued at the request of the NUW for certain employees of Staples Australia Pty Ltd (Staples).

[3] Under the s.437 Order, the date for which voting closes in the protected action ballot is twenty (20) working days from the date the order was made, having been made on 14 June 2016.

Relevant Legislation

[4] Section 448 of the Act states that if an application to revoke a protected action ballot order is made, the Commission must revoke the order:

“Revocation of protected action ballot order

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

Consideration

[5] The NUW, being the applicant in the s.437 Order has standing to bring this application.

[6] The time for voting in the ballot has not yet expired.

[7] Accordingly, pursuant to s.448(2) of the Act, upon request from the applicant for a protected action ballot order, the Commission must revoke the s.437 Order.

Decision

[8] Pursuant to s.448 of the Act and upon the application by the NUW, the Order of the Fair Work Commission dated 14 June 2016 [PR581513] is hereby revoked. An Order [PR582116] revoking the protected action ballot order [PR581513] is issued in conjunction with this decision.

DEPUTY PRESIDENT

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