National Tertiary Education Industry Union v

[2024] FWC 622

[2024] FWC 622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Tertiary Education Industry Union
v

Victoria University

(B2024/202)

DEPUTY PRESIDENT WRIGHT SYDNEY, 11 MARCH 2024

Proposed protected action ballot of employees of Victoria University

1. This is an application by the National Tertiary Education Industry Union (NTEU 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 Victoria University (VU or Employer).

1. On 9 March 2024, the Commission was advised that VU, in effect, did not object to the Application.

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

1. On the basis of the material before me, including the declaration of Brandy Cochrane on behalf of the NTEU, setting out the steps taken by the NTEU in bargaining with VU and that it has been, and is, genuinely trying to reach agreement with them, 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 TrueVote Pty Ltd T/A TrueVote (TrueVote). TrueVote 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 March 2024.  This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR772193.

1. I have reordered the clauses of the Applicant’s proposed order to align with the Commission’s standard drafting style.

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] TrueVote Pty Ltd [2023] FWC 1446.

Printed by authority of the Commonwealth Government Printer

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