Application by National Union of Workers

[2015] FWC 307 Fair Work Commission 2015-01-01 cited 1×

Source

Cited 1×

Applicant: National Union of Workers

Respondent: Bidvest (Victoria) Pty Ltd

Ratio

Section 448(2) of the Fair Work Act 2009 provides that when an applicant for a protected action ballot order applies to revoke the order before voting closes, the FWC must revoke the order. The NUW applied to revoke before the voting closure date, so the order was mandatory.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

On 15 December 2014, the FWC issued a Protected Action Ballot Order (PR559064) following an application by the NUW
On 12 January 2015, the NUW made an application to revoke the Original Order
Voting in the protected action ballot was due to close on 15 January 2015 (20 working days from 15 December 2014)
The revocation application was made before voting closed

Legislation referenced

Fair Work Act 2009 (Cth) s.448

Concept tags · 2

[P]Protected action ballot order [S]Protected industrial action

Principles · 1

articulates para 2

Section 448(2) of the Fair Work Act 2009 provides that if an applicant for a protected action ballot order applies to revoke the order before voting closes, the FWC must revoke the order.

Archived text (278 words)

Application by National Union of Workers [2015] FWC 307 (13 January 2015) [2015] FWC 307 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.448 - Application for revocation of protected action ballot order National Union of Workers v Bidvest (Victoria) Pty Ltd (B2015/158) COMMISSIONER ROE MELBOURNE, 13 JANUARY 2015 Application to revoke order made in B2014/1684. [1] On 15 December 2014 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [ PR559064 ] (Original Order) following an application by the National Union of Workers (NUW). On 12 January 2015 the NUW 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 20 working days from the date the Original Order was issued, 15 December 2014. That means voting in the protected action ballot is due to close on 15 January 2015. [4] Because the NUW has applied to revoke the Original Order before voting in the protected action ballot has closed, pursuant to section 448(2) of the Act, the Commission must revoke the Original Order. [5] An Order [ PR560015 ] to this effect will issue concurrently with this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR560014>