National Tertiary Education Industry Union v Monash University

[2023] FWC 423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Monash University

(B2023/132)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 21 FEBRUARY 2023

Proposed protected action ballot of employees of Monash University

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 University (Respondent).

On 21 February 2023, my Associate was advised that the Respondent did not object to 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 declaration of Ms Linda Gale 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.

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 Stephen Donaldson (Business Owner of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent.

An order has been separately issued in PR750935.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the National Tertiary Education Industry Union for a protected action ballot order concerning certain employees of Monash University. The application was made under section 437 of the Fair Work Act 2009. Monash University did not object to the application, leading to the determination of the matter on the submitted papers without a hearing. The Commission was satisfied with the union's declaration, which detailed the bargaining steps taken and their genuine efforts to reach an agreement with the university. Consequently, the Deputy President concluded that the notification period for the proposed agreement had been met and the requirements of section 443(1) of the Act were fulfilled.

The union also requested that a person other than the Australian Electoral Commission act as the ballot agent for the protected action ballot. Monash University did not oppose this request. The union proposed Mr Stephen Donaldson, the business owner of TrueVote Pty Ltd, as the ballot agent. The Deputy President found Mr Donaldson to be a fit and proper person for the role, capable of ensuring the secrecy and security of the votes and conducting the ballot expeditiously. Mr Donaldson agreed to be the ballot agent and is bound by the Privacy Act 1998 regarding the handling of information relating to the protected action ballot.

Based on the considerations above, the Fair Work Commission appointed Mr Stephen Donaldson as the protected action ballot agent. A separate order was issued in PR750935. The Deputy President's decision underscores the Commission's role in facilitating fair work practices and ensuring the integrity of the protected action ballot process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established