The Australian Workers' Union v Viterra Limited

[2013] FWC 6734

[2013] FWC 6734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

The Australian Workers’ Union
v
Viterra Limited
(B2013/1194)

COMMISSIONER LEWIN MELBOURNE, 10 SEPTEMBER 2013

Application to revoke order made in B2013/1176.

[1] On 30 August 2013, the Fair Work Commission issued a protected action ballot order [PR541013] following an application by The Australian Workers’ Union (the AWU). On 3 September 2013 the AWU made an application under s448 of the Fair Work Act 2009 (the Act) to revoke that order.

[2] Section 448 of the Act is as follows:

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 has applied to revoke the protected action ballot order before voting in the protected action ballot closes on 20 September 2013. The Commission must revoke the order as prescribed by s.448 (2) of the Act.

[4] An order [PR541478] will be issued accordingly.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR541493>