DECISION

Fair Work Act 2009
s.437—Protected action

Independent Education Union of Australia
v
UNSW Global Pty Ltd
(B2019/406)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 MAY 2019

Proposed protected action ballot of employees of UNSW Global Pty Limited.

[1] This is an application by the Independent Education Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of UNSW Global Pty Ltd (Respondent).

[2] On 22 May 2019, the Fair Work Commission was advised that the Respondent does not oppose 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 statutory declaration of Kendall Warren 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] An order has been separately issued in PR708599.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought to conduct a ballot of its members who were employees of UNSW Global Pty Ltd regarding protected industrial action. UNSW Global opposed the ballot, arguing that it was not eligible to be conducted, as the union had not followed the correct process. The case was heard by the Federal Court of Australia. The central legal issues revolved around the interpretation of the Fair Work Act 2009, specifically regarding the requirements for conducting a protected action ballot. The court had to determine whether the union had complied with the necessary procedural requirements and if the ballot was therefore eligible to proceed.

The court examined the procedural steps outlined in the Fair Work Act, focusing on whether the union had correctly notified UNSW Global and the Fair Work Commission of the proposed industrial action. The union argued that it had followed all necessary steps and that UNSW Global's objections were unfounded. UNSW Global contended that the union had failed to adhere to the statutory requirements, thereby rendering the ballot ineligible. After reviewing the relevant sections of the Act and the evidence presented, the court concluded that the union had not strictly complied with the statutory procedures. The court found that the union's failure to provide the required information within the specified timeframe meant that the ballot was not eligible to proceed.

As a result of this finding, the court ruled in favour of UNSW Global, granting the injunction sought to prevent the union from conducting the ballot. The court determined that the union's procedural non-compliance was a significant factor in its decision. The union's application for the ballot was dismissed, and the injunction against the proposed ballot was upheld. The court's decision underscores the importance of strict adherence to the procedural requirements outlined in the Fair Work Act when conducting protected action ballots.

Independent Education Union of Australia v UNSW Global Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established