National Tertiary Education Industry Union v Queensland University of Technology

[2022] FWC 2269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union
v

Queensland University of Technology

(B2022/1270)

VICE PRESIDENT CATANZARITI

SYDNEY, 25 AUGUST 2022

Proposed protected action ballot of employees of Queensland University of Technology

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 Queensland University of Technology (Respondent).

On 25 August 2022, 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 Robert Kenneth Rule of the Applicant declared on 23 August 2022, 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 PR745189.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the National Tertiary Education Industry Union for a protected action ballot order in relation to certain employees of Queensland University of Technology. The application was made under section 437 of the Fair Work Act 2009. The union sought to hold a ballot for potential protected industrial action due to unresolved disputes with the university. Queensland University of Technology did not oppose the application, resulting in the Commission determining the matter without a formal hearing.

The primary legal issue was whether the union had met the necessary requirements under the Fair Work Act to proceed with the ballot. This included demonstrating that the union had genuinely tried to reach an agreement with the university and that the statutory notification period had elapsed. The union submitted a statutory declaration from Robert Kenneth Rule, affirming the union's efforts to negotiate and meet the legislative requirements.

The Commission found that the union had indeed made genuine efforts to reach an agreement with the university and that the statutory notification period had been observed. Consequently, the Vice President ruled that the union had satisfied the conditions necessary to proceed with the ballot. An order was subsequently issued to permit the union to proceed with the ballot as requested.

The Fair Work Commission issued an order allowing the National Tertiary Education Industry Union to proceed with the protected action ballot for its members at Queensland University of Technology, as per the application and the evidence provided. This decision was made without a formal hearing due to the university's lack of opposition and the union's compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established