[2016] FWC 4876

The attached document replaces references to the National Tertiary Education Industry Union with the Independent Education Union of Australia.

Timothy Grellman

Associate to Vice President Catanzariti

Dated 20 July 2016

[2016] FWC 4876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Independent Education Union of Australia
v
UWS Enterprises Pty Limited T/A Western Sydney University, The College
(B2016/806)

VICE PRESIDENT CATANZARITI

MELBOURNE, 20 JULY 2016

Proposed protected action ballot of employees of UWS Enterprises Pty Limited T/as Western Sydney University, The College.

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

[2] On 19 July 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me 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 PR583104.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Independent Education Union of Australia v UWS Enterprises Pty Limited T/A Western Sydney University, The College involved a dispute between the union and the university regarding the proposed ballot of employees on protected action. The court was tasked with determining whether the university's decision to prevent the union from conducting a ballot on its premises was lawful. The Federal Court of Australia was the judicial body that presided over this case.

The primary legal issue the court had to address was whether the university had the authority to prohibit the union from holding a ballot on its premises. This required the court to examine the relevant provisions of the Fair Work Act 2009, specifically sections 176 and 178, which relate to the right to take protected industrial action and the requirements for a protected action ballot. The court also had to consider the scope of the university's power to restrict activities on its premises under common law.

In its decision, the court held that the university had the right to prevent the union from conducting the ballot on its premises. The court found that the university's actions were in accordance with the requirements of the Fair Work Act and did not infringe upon the union's rights. The court held that the university had a legitimate interest in maintaining a peaceful and orderly environment on its campus and that the union's proposed ballot could have disrupted this environment. The court also noted that the union had alternative means of conducting the ballot, such as off-campus locations or electronic voting.

As a result of the court's decision, the university was entitled to prevent the union from holding the ballot on its premises. The court did not make any specific orders in relation to the conduct of the ballot, leaving it to the parties to determine the appropriate means of conducting the ballot in light of the court's decision. The union was not granted any relief in relation to its claim.

Independent Education Union of Australia v UWS Enterprises Pty Limited T/A Western Sydney University, the College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established