National Union of Workers v Toll Transport Pty Ltd T/A Toll Customised Solutions

[2013] FWC 5774

[2013] FWC 5774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

National Union of Workers
v
Toll Transport Pty Ltd T/A Toll Customised Solutions
(B2013/1129)

COMMISSIONER GREGORY MELBOURNE, 14 AUGUST 2013

Application for revocation of protected action ballot order made in B2013/1071.

[1] The National Union of Workers (NUW) has made an application pursuant to s.448 of the Fair Work Act 2009 (the Act) to revoke a protected action ballot Order.

[2] The application relates to an Order issued on 30 July 2013 pursuant to an application by the NUW for a protected action ballot in matter B2013/1071 [PR539570].

[3] Section 448 of the Act provides:

“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.”

[4] I am satisfied that the NUW was the applicant for the protected action ballot Order in matter B2013/1071 and is therefore eligible to make this application. I am also satisfied that the voting period under the Original Order has not yet closed.

[5] In these circumstances, s.448(2) of the Act provides that the Fair Work Commission must revoke the protected action ballot order. An Order [PR540295] will issue accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540294>