National Tertiary Education Industry Union v Monash College Pty Ltd

[2019] FWC 5763

[2019] FWC 5763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
Monash College Pty Ltd
(B2019/670)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 AUGUST 2019

Proposed protected action ballot of employees of Monash College Pty Ltd.

[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 Monash College Pty Ltd (Respondent).

[2] On 19 August 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr S Rosenthal 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.

[5] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Michael M Michael of Cirrena IVS Pty Ltd (CiVS). Mr Michael has relevant experience in conducting protected action ballots and is the Managing Director of CiVS. I am satisfied that Mr Michael is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Michael has agreed to be the protected action ballot agent and he and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint Mr Michael as the protected action ballot agent.

[7] An order has been separately issued in PR711459.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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