Transport Workers' Union of Australia v Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2016] FWC 1870

[2016] FWC 1870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 - Application for revocation of a protected action ballot order

Transport Workers' Union of Australia
v
Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(B2016/391)

DEPUTY PRESIDENT BULL SYDNEY, 24 MARCH 2016

Section 448 application to revoke protected action ballot order [PR577640]

[1] The Transport Workers’ Union of Australia (TWU) has filed an application under s.448 of the Fair Work Act 2009 (the Act) to revoke a protected action ballot order [PR577640] (the s.437 Order) issued on 2 March 2016 1.

[2] The s.437 Order was issued at the request of the Transport Workers’ Union of Australia (TWU) for certain employees of Broadspectrum (Australia) Pty Ltd trading as Broadspectrum.

[3] Under the s.437 Order, the date for which voting closes in the protected action ballot is twenty (20) working days from the date the order was made, being 30 March 2016.

Relevant Legislation

[4] Section 448 of the Act states that if an application to revoke a protected action ballot order is made, the Commission must revoke the order.

“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.”

Consideration

[5] The TWU, being the applicant in the s.437 Order has standing to bring this application.

[6] The time for voting in the ballot has not yet expired.

[7] Accordingly, pursuant to s.448(2) of the Act, the Commission must revoke the s.437 Order.

Decision

[8] Pursuant to s.448 of the Act and upon the application by the TWU, the Order of the Fair Work Commission dated 2 March 2016 [PR577640] is hereby revoked. An Order [PR578343] revoking the protected action ballot order [PR577640] is issued in conjunction with this decision.

DEPUTY PRESIDENT

 1  [PR577640] is the correction order issued for the order [PR577549] issued in the first instance. The correction order was issued at the request of the Australian Electoral Commission.

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<Price code A, PR578341>