National Union of Workers v Toll Transport Pty Ltd

[2016] FWC 7733

[2016] FWC 7733

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Toll Transport Pty Ltd
(B2016/1123)

COMMISSIONER ROE MELBOURNE, 25 OCTOBER 2016

Application to revoke order made in B2016/1074.

[1] On 6 October 2016 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [PR586186] (Original Order) following an application by the National Union of Workers (NUW). On 24 October 2016 the NUW made an application to revoke the Original Order.

[2] Section 448 of the Fair Work Act 2009 (Act) states:

“448 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.”

[3] Voting in the protected action ballot pursuant to the Original Order was to close 20 working days from the date the Original Order was issued, 6 October 2016. That means voting in the protected action ballot is due to close on 3 November 2016.

[4] Because the NUW has applied to revoke the Original Order before voting in the protected action ballot has closed, pursuant to section 448(2) of the Act, the Commission must revoke the Original Order.

[5] An Order [PR586871] to this effect will issue concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586870>