Independent Education Union of Australia v Navitas Australia Pty Limited T/A Taylors College

[2023] FWC 2836

[2023] FWC 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Independent Education Union of Australia
v

Navitas Australia Pty Limited T/A Taylors College

(B2023/1180)

DEPUTY PRESIDENT WRIGHT SYDNEY, 31 OCTOBER 2023

Proposed protected action ballot of employees of Navitas Australia Pty Limited T/A Taylors College.

1. This is an application by the Independent Education Union of Australia (IEU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Navitas Australia Pty Limited T/A Taylors College (Taylors College or Employer). 

1. The matter was listed for hearing on 31 October 2023. At the commencement of the hearing the parties advised the Commission that they had reached agreement in relation to the protected action ballot order, so the matter proceeded by consent.

1. On the basis of the material before me, including the declaration of Carol Matthews, Deputy Secretary Independent Education Union of Australia NSW/ACT Branch, setting out the steps taken by the IEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Taylors College, 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. Based on the parties’ submissions at the hearing and the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days for industrial action referred to in Question 5 of the ballot questions. Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 5 calendar days for the industrial action specified in Question 6.

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[1] 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 28 November 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767697.

1. This matter will shortly be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

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

[2] This is in effect 20 working days from the date of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR767698>