The Australian Workers' Union v Inghams Enterprises Pty Ltd

[2014] FWC 6024

[2014] FWC 6024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

The Australian Workers’ Union
v
Inghams Enterprises Pty Ltd
(B2014/1325)

COMMISSIONER LEE LAUNCESTON, 1 SEPTEMBER 2014

Application to revoke protected action ballot order made in matter B2014/1199.

[1] An application has been made pursuant to s.448 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (the AWU), to revoke an order for a protected action ballot. The application was lodged on 29 August 2014. It relates to an Order 1 which I issued on 14 August 2014 in an application by the AWU for a protected action ballot in matter B2014/1199.

[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 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] The AWU was the applicant for the protected action ballot in matter B2014/1199 and is therefore eligible to make this application under s.448 of the Act. The voting pursuant to the order 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 the Fair Work Commission must revoke the protected action ballot.

[4] An Order 2 will issue accordingly.

COMMISSIONER

 1   PR554273

 2   PR554946

Printed by authority of the Commonwealth Government Printer

<Price code A, PR554937>