Australian Education Union v Northern Melbourne Institute of TAFE [NMIT]

[2014] FWC 655

[2014] FWC 655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Education Union
v
Northern Melbourne Institute of TAFE [NMIT]
(B2014/8)

COMMISSIONER BISSETT MELBOURNE, 28 JANUARY 2014

Proposed protected action ballot by employees of Northern Melbourne Institute of TAFE [NMIT].

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Education Union (AEU) for a protected action ballot order in relation to certain employees of Northern Melbourne Institute of TAFE (NMIT, the Respondent). The application was made on 23 January 2014.

[2] The Respondent has advised in correspondence that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AEU has provided a signed statement addressing those matters in s.443(1) of the Act.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AEU.

COMMISSIONER

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<Price code A, PR547190>