United Workers' Union

[2022] FWC 220

[2022] FWC 220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 – Revocation of a protected action ballot order

United Workers' Union
(B2022/43)

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 FEBRUARY 2022

Application to revoke order made in B2022/10.

[1] On 19 January 2022 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [PR737598] (Original Order) following an application by the United Workers’ Union (UWU). On 2 February 2022 the UWU made an application to revoke the Original Order.

[2] Section 448 of the Fair Work Act 2009 (Act) states:

“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] Voting in the protected action ballot pursuant to the Original Order was to close 30 working days from the date the Original Order was issued, 19 January 2022. That means voting in the protected action ballot is due to close on 3 March 2022.

[4] On 2 February 2022, the UWU made and application to revoke the Original Order before voting in the protected action ballot has closed. The UWU submits the majority of employees at the ARYZTA Australia Pty Ltd Victorian site had voted to approve the Agreement.

[5] Pursuant to section 448(2) of the Act, the Commission must revoke the Original Order.

[6] An Order [PR737992] to this effect will issue concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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