National Tertiary Education Industry Union v James Cook University

[2017] FWC 4739

[2017] FWC 4739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

National Tertiary Education Industry Union

v

James Cook University

(B2017/801)

Commissioner Bissett MELBOURNE, 12 SEPTEMBER 2017

Application to extend the 30-day period in relation to B2017/556.

1. The National Tertiary Education Industry Union (NTEU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (FW Act) to extend the 30 day period within which authorised protected industrial action may be taken. The industrial action to which the application is directed was authorised by a ballot of NTEU members at James Cook University (JCU) who would be covered by the proposed agreement and for whom the NTEU was a bargaining representative.

1. The Order[1] for the protected action ballot (the ballot) was made on 5 July 2017. The ballot was declared on 24 July 2017.

1. The 30 day period within which industrial action must commence for it to remain authorised by the ballot is 22 August 2017.

1. JCU oppose the application.

1. Following a consideration of the material before the Commission and the matters raised in hearing regarding the application, I have decided to grant the application.

1. The 30 day period referred to in s.459(d)(i) of the FW Act is hereby extended by 30 days.

1. The reasons for my decision will be issued in due course.

COMMISSIONER

Appearances:

H. Cray and M. Cameron for James Cook University

S. Roberts and M. McNally for the National Tertiary Education Industry Union

Hearing details:

2017.
Melbourne and Brisbane
September 11.

[1] PR594365

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