National Tertiary Education Industry Union v Federation University Australia

[2018] FWC 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union

Federation University Australia

(B2018/976)

deputy president kovacic

CANBERRA, 26 OCTOBER 2018

Proposed protected action ballot of employees of Federation University Australia.

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 Federation University Australia (Respondent).

On 24 October 2018, 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 Ms L Gale 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.

An Order and Directions have been separately issued in PR701724 and PR701740 respectively.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission in National Tertiary Education Industry Union v Federation University Australia concerned a proposed industrial action ballot by employees of Federation University Australia. The National Tertiary Education Industry Union sought to organise a ballot of its members employed by the university to determine their support for protected industrial action. Federation University Australia contested the ballot, arguing that the proposed action would be unprotected as it did not meet the legal requirements for a protected action ballot under the Fair Work Act 2009 (Cth). The dispute was heard by the Fair Work Commission, the body responsible for resolving workplace disputes in Australia.

The legal issues before the Commission were whether the proposed ballot met the statutory requirements for a protected action ballot and whether the proposed action constituted an unprotected industrial action. Specifically, the Commission had to determine whether the ballot notice contained the necessary details and whether the proposed action was genuinely in pursuit of an industrial claim or objective. Additionally, the Commission considered whether the proposed action would cause significant economic harm to the university or its employees.

The Fair Work Commission held that the proposed ballot notice complied with the statutory requirements and that the proposed industrial action was genuinely in pursuit of an industrial claim or objective. The Commission found that the notice provided sufficient detail to inform the employees about the nature of the proposed action and its potential impact on their employment. Furthermore, the Commission was satisfied that the proposed action was related to the employees' terms and conditions of employment, specifically addressing issues such as pay equity and job security. As a result, the Commission determined that the proposed industrial action was protected and allowed the ballot to proceed. The Commission ordered that the university facilitate the ballot process as requested by the Union, ensuring that the employees could vote on the proposed industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established