Australian Education Union-New South Wales Teachers Federation (NSWTF) Branch v Technical and Further Education Commission T/A TAFE NSW

[2016] FWC 7141

[2016] FWC 7141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447 - Application for variation of protected action ballot order

Australian Education Union-New South Wales Teachers Federation (NSWTF) Branch
v
Technical and Further Education Commission T/A TAFE NSW; Australian Electoral Commission (Secret Ballots)
(B2016/1067)

COMMISSIONER JOHNS SYDNEY, 5 OCTOBER 2016

Application for variation of protected action ballot order .

[1] On 30 September 2016, the "Australian Education Union-New South Wales Teachers Federation (NSWTF) Branch (NSW)" (NSWTF) lodged an application in the Fair Work Commission (Commission) against the Technical and Further Education Commission (TAFE/respondent) for a variation of a protected action ballot. The order which is sought to be varied was made by Vice President Catanzariti on 22 September 2016 (B2016/1029) [PR585714].

[2] The application is made pursuant to s.447 of the Fair Work Act 2009 (Act).

[3] The NSWTF sought variations to address errors in questions six and eight, approved in the Vice President’s Order. The errors arise from changes in hours worked as expressed in the questions as originally posed, as well as changes in procedures and nomenclature. The application to change questions six and eight are as follows:

“6. Indefinite and/or periodic bans on the performance of any duties at TAFE NSW after 35 hours of attendance

…

8. Industrial action in the form of a ban on the collection and/or entry of any data in the nature of:

● Enrolment data

● Student outcomes

● Statistical data

● Staff attendance

● Staff industrial activity reports

● Data entry/or collection for LMBR (Learning Management Business Reform), EBS (Education Business System) and SAP ®”

[4] On 5 October 2016, the Commission emailed the respondent asking it to advise whether they oppose the variations sought by NSWTF.

[5] On the same day, Mr Peter Baxter, the Manager of Industrial Relations of TAFE, confirmed in writing that it did not object to the Order being issued.

[6] The Commission is satisfied that the requirements of subsection 447 of the Act have been met. Accordingly, I am satisfied that the Orders should be varied so that they reflect the amendments noted in paragraph [3] of this Decision.

[7] The Order [586116] will be issued concurrently with this decision.

COMMISSIONER

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