National Tertiary Education Industry Union v James Cook University

[2017] FWC 3592

[2017] FWC 3592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Tertiary Education Industry Union

v

James Cook University

(B2017/556)

COMMISSIONER BOOTH BRISBANE, 5 JULY 2017

Proposed protected action ballot of employees of James Cook University.

1. This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the National Tertiary Education Industry Union (the Union).  The Applicants seek protected action ballot orders in relation to employees of James Cook University (the Employer).

1. The Union has filed their submission and witness statement in line with the Directions.  The Employer has provided an email on 5 July 2017, with an Amended Draft Order and Directions for the Protected Action Ballot Agent, and advised it does not object to the application on the basis of the proposed amendments.

1. The Union confirmed by email that it consented to the amendments.

1. In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

1. I am satisfied that the requirements in ss.443(1)(a) and (b) have been met and that, accordingly, the orders must be made.  Order [PR594365] and Directions for the Protected Action Ballot Agent [PR594366] as based on the drafts provided by the Employer will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR594373>