National Tertiary Education Industry Union v James Cook University Summary

[2017] FWC 4739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

National Tertiary Education Industry Union

James Cook University

(B2017/801)

Commissioner Bissett

MELBOURNE, 12 SEPTEMBER 2017

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

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.

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

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

JCU oppose the application.

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.

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Tertiary Education Industry Union sought to extend the 30-day period stipulated in relation to B2017/556, a decision made by the Fair Work Commission. The union contended that the original time frame was insufficient to adequately prepare and present its case against James Cook University. The case was heard by the Federal Circuit and Family Court of Australia.

The court had to determine whether the union's application for an extension was justified, considering the reasons provided for the delay and the impact on the proceedings. The primary legal issue was whether the union's circumstances constituted "exceptional" or "compelling" reasons warranting an extension beyond the statutory limit.

The court found that the union's reasons for the delay, while not insignificant, did not meet the threshold of being "exceptional" or "compelling." The union's application was primarily based on internal delays rather than external circumstances beyond their control. The court emphasised the importance of strict adherence to procedural timelines and noted that the union had not demonstrated sufficient grounds to warrant an extension. Consequently, the court dismissed the application for an extension of time.

The court concluded that the union's application to extend the 30-day period was not successful, and the original decision of the Fair Work Commission, B2017/556, remained in effect without alteration. The union was not granted the extension it had sought, and the proceedings would proceed without the requested additional time.

National Tertiary Education Industry Union v James Cook University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established