National Union of Workers v Unions National Pty Ltd T/A Work Partners
[2011] FWA 3854
•20 JUNE 2011
[2011] FWA 3854 |
|
DECISION |
Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order
National Union of Workers
v
Unions National Pty Ltd T/A Work Partners
(B2011/2994)
COMMISSIONER CRIBB | MELBOURNE, 20 JUNE 2011 |
Application to revoke order made in B2011/2926.
[1] This decision concerns an application by the National Union of Workers (the NUW) to revoke an order for a protected action ballot pursuant to s.448 of the Fair Work Act 2009 (the Act). The application was lodged in Fair Work Australia on 16 June 2011.
[2] The application relates to an order issued by me (PR510066) on 1 June 2011 pursuant to s.443 of the Act in an application by the NUW for a protected action ballot in matter B2011/2926.
[3] 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.”
[4] The NUW was the applicant for the protected action ballot in matter B2011/2926 and is therefore eligible to make an application under s.448 of the Act. The voting pursuant to the order (PR510066) has not closed. This application is therefore made within the time prescribed by s.448(1) of the Act.
[5] Pursuant to s.448(s) of the Act, Fair Work Australia must revoke a protected action ballot if an application to do so is made. An order will issue accordingly.
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