National Union of Workers v Tabcorp Holdings

[2011] FWA 7690

[2011] FWA 7690

FAIR WORK AUSTRALIA

DECISION

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

National Union of Workers
v
Tabcorp Holdings
(B2011/3908)

COMMISSIONER LEE MELBOURNE, 8 NOVEMBER 2011

Application to revoke order made in B2011/3794.

[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 7 November 2011. It relates to an order 1 which I issued on 28 October 2011 in an application by the NUW for a protected action ballot in matter B2011/3794.

[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 B2011/3794 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

 1   PR516201

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