Fair Work Commission

Introduction

See Fair Work Act s.448

An applicant for a protected action ballot order can apply to have the protected action ballot order revoked. This means that the order to conduct a ballot is cancelled.

For example, this may be used in circumstances where the parties have come to an agreement on the terms of the proposed enterprise agreement and there is no further need to consider taking employee claim action.

Making the application

An applicant for a protected action ballot order may apply to the Commission, at any time before voting in the protected action ballot closes, to revoke the order.

An application to revoke a protected action ballot order made to the Commission must include the following documentation:

• a completed and signed application form [Form F36], and
• a copy of the protected action ballot order to which the application relates.^[1]

Powers of the Commission

If an application to revoke a protected action ballot order is made, the Commission must revoke the order.

Reference