Australian Education Union v Australian Capital Territory (as represented by Canberra Institute of Technology)

[2023] FWC 2487

[2023] FWC 2487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Education Union

v

Australian Capital Territory (as represented by Canberra Institute of Technology)

(B2023/1022)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 SEPTEMBER 2023

Proposed protected action ballot of employees of Australian Capital Territory (as represented by Canberra Institute of Technology).

1. This is an application by the Australian Education Union (AEU or Union) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Capital Territory (as represented by Canberra Institute of Technology) (CIT or Employer). 

1. On 27 September 2023, the Commission was advised by the Employer that it did not object to the Application on the basis that the proposed order be amended. The AEU consented to the variation. To the extent necessary, I have also granted leave to amend the application accordingly.[1]

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 declaration of Mr Patrick Judge, Branch Secretary for the AEU, setting out the steps taken by the AEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CIT, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 18 October 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766612.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with any related matters associated with the proposed agreement. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The Order has been made to reflect the agreed position, with certain non-consequential changes in light of the different clause numbering adopted by the Commission.

[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

< PR766611>