The Australian Workers' Union v Downer EDI Works

[2010] FWA 9268

[2010] FWA 9268
[Note: a correction has been issued to this document - see 2010FWA9268_PR504756 signed 7 December 2010]

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
Downer EDI Works
(B2010/3573)

COMMISSIONER CONNOR WOLLONGONG, 1 DECEMBER 2010

Proposed protected action ballot by employees of Downer EDI Works.

[1] On Monday, 1 November, 2010 the Australian Workers’ Union lodged an application under s.437 of the federal Fair Work Act 2009 (the Act) for an order for a protected action ballot for its members employed by Downer EDI Works Pty Limited at its Mogo site which I granted in my decision of Wednesday, 10 November, 2010 over the objections of Downer EDI Works. On Wednesday, 1 December, 2010 the AWU made application under s.448 of the Act for revocation of that protected action ballot order.

[2] In terms of s.448:

"(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] I therefore revoke the protected action ballot order I made on Wednesday, 10 December, 2010.

COMMISSIONER

Decision Summary

ENTERPRISE BARGAINING – protected action ballot – s448 Fair Work Act 2009 - application for revocation of protected action ballot order – order revoked.
The Australian Workers’ Union v Downer EDI Works
B2010/3573				[2010] FWA 9268
Connor C			Wollongong	1 December 2010
Citation: The Australian Workers’ Union v Downer EDI Works [2010] FWA 9268 (1 December 2010)

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<Price code A, PR504565>