Australian Education Union Northern Territory v Charles Darwin University

[2018] FWC 3361

[2018] FWC 3361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Education Union Northern Territory
v
Charles Darwin University
(B2018/442)

VICE PRESIDENT CATANZARITI SYDNEY, 12 JUNE 2018

Proposed protected action ballot of employees of Charles Darwin University.

[1] This is an application by the Australian Education Union Northern Territory (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Charles Darwin University (Respondent).

[2] On 7 June 2018, the Fair Work Commission was advised that the Respondent did not oppose the application on the basis that the notice period for proposed industrial action was extended to five working days.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr A Lampe of the Applicant 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.

[5] An Order and Directions have been separately issued in PR607939 and PR607944.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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