National Tertiary Education Industry Union v Federation University Australia

Case

[2018] FWC 6584

26 OCTOBER 2018


[2018] FWC 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union

v

Federation University Australia

(B2018/976)

deputy president kovacic

CANBERRA, 26 OCTOBER 2018

Proposed protected action ballot of employees of Federation University Australia.

  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 Federation University Australia (Respondent).

  1. On 24 October 2018, the Fair Work Commission was advised that the Respondent did not oppose 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 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.

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

Printed by authority of the Commonwealth Government Printer

<PR701742>

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