National Tertiary Education Industry Union v Macquarie University

[2023] FWC 929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Macquarie University

(B2023/353)

VICE PRESIDENT CATANZARITI

SYDNEY, 20 APRIL 2023

Proposed protected action ballot of employees of Macquarie University

This is an application by the National Tertiary Education Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Macquarie University (Respondent).

On 18 April 2023, 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 Joshua Nicholas Andrews of the Applicant declared on 17 April 2023, 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 has been separately issued in PR761225.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Tertiary Education Industry Union v Macquarie University involved the National Tertiary Education Industry Union, the Applicant, and Macquarie University, the Respondent. The Applicant sought a protected action ballot order under s.437 of the Fair Work Act 2009 (Cth) for certain employees of the Respondent. The application was made without opposition from the Respondent, and the matter was determined on the papers without a hearing. The key issue for the Fair Work Commission was whether the requirements under s.443(1) of the Act were met, particularly regarding the notification time and the Applicant's genuine attempt to reach an agreement with the Respondent.

The Vice President of the Fair Work Commission, Catanzariti, examined the material presented, including the statutory declaration of Joshua Nicholas Andrews of the Applicant, which outlined the steps taken in bargaining with the Respondent and the Applicant's efforts to reach an agreement. The Vice President was satisfied that the notification time in relation to the proposed agreement was met and that the requirements under s.443(1) of the Act were fulfilled. Consequently, the Vice President decided to grant the Applicant's application for a protected action ballot order.

Given the determination of the legal issues in favour of the Applicant, the Fair Work Commission issued an Order in PR761225, allowing the National Tertiary Education Industry Union to proceed with the proposed protected action ballot for the employees of Macquarie University. This decision underscores the importance of the notification process and the genuine efforts of the Applicant in reaching an agreement with the Respondent, as per the Fair Work Act 2009 (Cth).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established