National Tertiary Education Industry Union v Central Queensland University

[2022] FWC 2366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Central Queensland University

(B2022/1314)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 SEPTEMBER 2022

Proposed protected action ballot of employees of Central Queensland University

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

On 2 September 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Robert Kenneth Rule of the Applicant declared on 2 September 2022, 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.

An Order has been separately issued in PR745537.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to determine whether the National Tertiary Education Industry Union (NTEU) could proceed with a protected action ballot of certain employees at Central Queensland University (CQU). The application was made under section 437 of the Fair Work Act 2009 (Cth) and involved the union seeking authorisation for the ballot due to difficulties in reaching an agreement with CQU. On 2 September 2022, the Commission was informed that CQU did not oppose the application. Given this, Vice President Catanzariti decided to determine the matter based on the documentation provided, without the need for a hearing.

The legal issues that the Commission had to address were whether the union had fulfilled the requirements to call a protected action ballot as stipulated in the Fair Work Act. Specifically, the Commission had to be satisfied that there was a notification time in relation to the proposed agreement and that the union had genuinely tried to reach an agreement with CQU. The union submitted a statutory declaration from Robert Kenneth Rule, detailing the steps taken in bargaining with CQU and confirming that the union had been genuinely trying to reach an agreement.

After reviewing the declaration and other materials, Vice President Catanzariti concluded that the union had met the necessary criteria. The union had demonstrated that it had genuinely attempted to negotiate with CQU and that there was a notification time in relation to the proposed agreement. Consequently, the Commission determined that the requirements of section 443(1) of the Act had been met, and authorised the union to proceed with the protected action ballot. A separate order was issued under PR745537 to formalise this decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established