Australian Education Union v ACT Government as represented by the Education and Training Directorate

[2015] FWC 3687

[2015] FWC 3687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Education Union
v
ACT Government as represented by the Education and Training Directorate
(B2015/85)

DEPUTY PRESIDENT KOVACIC CANBERRA, 29 MAY 2015

Proposed protected action ballot of employees of ACT Government as represented by the ACT Education & Training Directorate

[1] This is an application by the Australian Education Union (the Union) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of ACT Government acting through the ACT Education & Training Directorate (the Respondent).

[2] The Union has provided a statement addressing the statutory grounds. That statement makes it clear that the parties have met on more than twenty occasions since 8 July 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement, with the negotiations continuing.

[3] A hearing was convened on 29 May 2015 to deal with the application. The Respondent advised that it did not oppose the Union’s application for a protected action ballot order. Further, the Respondent did not challenge that the Union had been and was genuinely trying to reach an agreement.

[4] The Respondent did, however, request that consistent with past practice, the notification time for protected industrial action be five days. The Union agreed to this.

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR567907] is based on the draft order provided by the Union and will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

Mr A Jennings for the Applicant.

Mr D Whitten for the Respondent

Hearing details:

2015.

Canberra,

May 29.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR567907>