National Tertiary Education Industry Union v Australian National University

[2013] FWC 6066

[2013] FWC 6066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
Australian National University
(B2013/208)

COMMISSIONER DEEGAN CANBERRA, 23 AUGUST 2013

Proposed protected action ballot by employees of the Australian National University.

[1] This decision relates to an application made by the National Tertiary Education Industry Union (the Union) on 21 August 2013, for a protected action ballot of employees of the Australian National University (the Employer). The application was made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[2] The representative of the Employer, Ms Nadine White, initially opposed the making of the order but subsequently advised the Commission that the Employer does not wish to challenge the ballot order sought. In these circumstances a hearing is unnecessary.

[3] The group of employees to be balloted are those employees of the Australian National University who will be covered by the proposed enterprise agreement and for whom the National Tertiary Education Industry Union is the bargaining representative.

[4] The relevant section of the Act, s.443, provides as follows:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed

enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

(2) The FWC must not make a protected action ballot order in relation to a proposed enterprise agreement except in the circumstances referred to in subsection (1).

(3) A protected action ballot order must specify the following:

(a) the name of each applicant for the order;

(b) the group or groups of employees who are to be balloted;

(c) the date by which voting in the protected action ballot closes;

(d) the question or questions to be put to the employees who are to be balloted, including the nature of the proposed industrial action.

[5] I am satisfied that the application has been made in accordance with s.437 of the Act and that the Union is genuinely trying to reach an agreement with the Employer of the employees who are to be balloted.

[6] As ss.443(1)(a) and (b) have been complied with, I must make a protected action ballot order, as sought by the Union. An Order [PR540654] to this effect is issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540653>