National Tertiary Education Industry Union v Australian Catholic University

[2022] FWC 2281

[2022] FWC 2281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Australian Catholic University

(B2022/1279)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 AUGUST 2022

Proposed protected action ballot of employees of Australian Catholic University.

1. This is an application by the National Tertiary Education Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Catholic University (the Respondent).

1. On 26 August 2022, my Associate was advised that the Respondent objected to the proposed industrial action identified in questions 6 and 11 of the draft order accompanying the application. I determined a Mention should be conducted, during which I discussed these matters with the parties and others subsequently raised. Following the Mention, the Respondent sent correspondence to my Chambers advising that it did not press its objection to the Applicant’s application for a protected action ballot order.

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 Mr Campbell George Smith of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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.

1. The Applicant also sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Stephen Donaldson (Business Owner of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent.
   

2. An order has been separately issued in PR745232.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR745231>