Transport Workers' Union of Australia v Qube Logistics (Vic) Pty Ltd

[2014] FWC 8848

[2014] FWC 8848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Transport Workers’ Union of Australia
v
Qube Logistics (Vic) Pty Ltd
(B2014/1671)

COMMISSIONER GREGORY MELBOURNE, 8 DECEMBER 2014

Application for a revocation in B2014/1593.

[1] The Transport Workers’ Union of Australia (“TWU”) has made an application pursuant to s.448 of the Fair Work Act 2009 (the Act) to revoke a protected action ballot Order.

[2] The application relates to an Order issued on 18 November 2014 pursuant to an application by the TWU for a protection action ballot in matter B2014/1593 [PR557854].

[3] Section 448 of the Act provides:

“448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to 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, FWC must revoke the order.”

[4] I am satisfied that the TWU was the applicant for the protected action ballot Order in matter B2014/1593 and is therefore eligible to make this application. I am also satisfied that the voting period under the Original Order has not yet closed.

[5] In these circumstances, s.448(2) of the Act provides that the Fair Work Commission must revoke the protected action ballot order. An Order [PR558732] will issue accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR558731>