National Tertiary Education Industry Union v Centre for Adult Education

[2013] FWC 5182

[2013] FWC 5182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
Centre for Adult Education
(B2013/191)

COMMISSIONER BISSETT MELBOURNE, 30 JULY 2013

Proposed protected action ballot by employees of the Centre for Adult Education.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the National Tertiary Education Industry Union (NTEU) for a protected action ballot order in relation to certain employees of Centre for Adult Education (the Respondent). The application was made on 25 July 2013.

[2] Upon being contacted by my associate the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

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.

[4] The NTEU has provided a signed statement addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the NTEU.

COMMISSIONER

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<Price code A, PR539553>