National Tertiary Education Industry Union v Deakin University

[2023] FWC 551

[2023] FWC 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Deakin University

(B2023/211)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 MARCH 2023

Proposed protected action ballot of employees of Deakin 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 Deakin University (Respondent).

1. On 6 March 2023, my Associate was advised that the Respondent 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 Mr Rhidian Huw Thomas of the Applicant 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.

1. The Applicant also sought that a person other than the Australian Electoral Commission (AEC) 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. 

1. An order has been separately issued in PR760072
   

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR760071>