Australian Education Union v Swinburne University of Technology

[2021] FWC 5646

[2021] FWC 5646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Education Union
v
Swinburne University of Technology
(B2021/871)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 SEPTEMBER 2021

Proposed protected action ballot of employees of Swinburne University of Technology.

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

[2] On 8 September 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Ms Elaine Gillespie 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] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is the Australian Election Company. Mr Richard Lloyd Raymond Kidd, the Principal of the Australian Election Company has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for the Australian Election Company, and that he has relevant experience in conducting protected action ballots. I am satisfied that the Australian Election Company is a fit and proper person to conduct the ballot. I am also satisfied that Mr Kidd and the Australian Election Company are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. The Australian Election Company has agreed to be the protected action ballot agent and Mr Kidd and the Australian Election Company are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint the Australian Election Company as the protected action ballot agent.

[7] An order has been separately issued in PR733711.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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