An overview of legal procedure & case law
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.
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:
If an application to revoke a protected action ballot order is made, the Commission must revoke the order.
All forms are available on the Forms page of the Commission's website.
[1] Fair Work Commission Rules r.8(2) and r.31(3).