Australian Education Union New South Wales Teachers Federation Branch v Technical and Further Education Commission of New South Wales T/A TAFE NSW

[2022] FWC 2201

[2022] FWC 2201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Education Union New South Wales Teachers Federation Branch
v

Technical and Further Education Commission of New South Wales T/A TAFE NSW

(B2022/1239)

VICE PRESIDENT CATANZARITI SYDNEY, 18 AUGUST 2022

Proposed protected action ballot of employees of TAFE NSW

1. This is an application by the Australian Education Union New South Wales Teachers Federation Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Technical and Further Education Commission of New South Wales T/A TAFE NSW (Respondent).

1. On 17 August 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Samuel Francis Clay of the Applicant declared on 16 August 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR744944.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744945>