Australian Municipal, Administrative, Clerical and Services Union Media, Entertainment and Arts Alliance v National Tertiary Education Industry Union

[2023] FWC 2847

[2023] FWC 2847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union

Media, Entertainment and Arts Alliance
v

National Tertiary Education Industry Union

(B2023/1183)

DEPUTY PRESIDENT HAMPTON SYDNEY, 31 OCTOBER 2023

Proposed protected action ballot of employees of National Tertiary Education Industry Union

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Media, Entertainment and Arts Alliance (MEAA) jointly known as the National Joint Union Committee (NJUC or Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of National Tertiary Education Industry Union (NTEU or Employer).

1. On 30 October 2023, the Commission was advised that the NTEU, in effect, did not object to the Application as amended.[1]

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

1. Section 437(1) of the Act permits 2 or more bargaining representatives to make an application for a ballot to be conducted.

1. On the basis of the material before me, including the declaration of Ms Renee Veal, ASU Industrial and Legal Support Officer, and Ms Celeste Liddle, MEAA National Aboriginal and Torres Strait Islander Organiser, setting out the steps taken by the Applicants in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with the NTEU, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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(s).

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 14 November 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Certain editorial changes[3] have been made to the final Order to recognise that the 2 Applicants are conducting a ballot.

1. An Order has been separately issued in PR767746.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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 ASU provided an amended proposed order on 30 October 2023. The Respondent confirmed it had no objection to the application via email on the same day.

[2] TrueVote Pty Ltd [2023] FWC 1446.

[3] Principally clauses 3 and 7.

Printed by authority of the Commonwealth Government Printer

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