Transport Workers Union of Australia v Caltex Petroleum Services Pty Ltd

[2010] FWA 9003

[2010] FWA 9003

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.447 - Application for variation of protected action ballot order

Transport Workers Union of Australia
v
Caltex Petroleum Services Pty Ltd
(B2010/3647)

COMMISSIONER CAMBRIDGE SYDNEY, 24 NOVEMBER 2010

Application by the Transport Workers Union of Australia for variation of a protected action ballot Order

[1] On 10 November 2010, upon the application of the Transport Workers’ Union of Australia (TWU), Fair Work Australia (FWA) made a protected action ballot Order [PR503780], (the Order). The Order was made in respect of employees of Caltex Petroleum Services Pty Ltd, (Caltex).

[2] Today, 24 November 2010, the TWU has made application pursuant to s.447 of the Fair Work Act 2009 (the Act), for variation of the Order. At point 3 of the application the variation to the Order sought is stated to be, “Revocation of the ballot order”. The application indicated that the parties had reached in-principle agreement and that the protected action ballot was no longer necessary.

[3] Consequently I have treated the application as if it had been made pursuant to s.448 of the Act. The Order, at point 4.1, stated that the protected action ballot closes 20 working days from the date of the Order.

[4] Therefore, pursuant to subsection 448(2) of the Act, FWA hereby revokes the Order. A revocation Order [PR504242] is issued separately.

COMMISSIONER

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<Price code A, PR504241>