National Tertiary Education Industry Union v RMIT University Student Union Incorporated Summary

[2025] FWC 3037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Tertiary Education Industry Union
v

RMIT University Student Union Incorporated

(B2025/1563)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 10 OCTOBER 2025

Proposed protected action ballot of employees of RMIT University Student Union Incorporated – non-AEC ballot agent electronic voting

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

On 10 October 2025, the Commission was advised that the Employer, in effect, 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 William Maloney, Industrial Officer, setting out the steps taken by the NTEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with RMIT, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 29 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR792545.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 13 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) dealt with an application by the National Tertiary Education Industry Union (NTEU) under section 437 of the Fair Work Act 2009 for a protected action ballot order. The dispute involved certain employees of the RMIT University Student Union Incorporated (RMIT). The application was made to facilitate a ballot concerning potential protected actions. The matter was brought before Deputy President Wright, who decided to determine the application on the papers without a hearing due to the lack of objection from RMIT. The focus of the application was on the procedural aspects of conducting a ballot, particularly the use of an electronic voting system by Fair Vote Services Pty Ltd, an approved ballot agent.

The legal issues before the Commission centered on whether the NTEU had met all requirements for a protected action ballot, including the notification period and the integrity of the bargaining process. Additionally, the court needed to confirm the legitimacy of the proposed ballot agent and the appropriateness of the proposed voting period. The NTEU provided a declaration by William Maloney, an Industrial Officer, confirming the union's efforts to reach an agreement with RMIT and its genuine attempts at bargaining. The Commission had to verify that all conditions stipulated in section 443(1) of the Act had been fulfilled. The decision also included the determination of the ballot closing date, which was set to ensure compliance with the statutory requirements for the duration of the voting period.

Deputy President Wright found that the NTEU had indeed met all the necessary criteria for the ballot. The Commission was satisfied with the NTEU's bargaining efforts and the procedural steps taken, including the use of Fair Vote Services Pty Ltd as the ballot agent. The closing date for voting was set at 29 October 2025, effectively 13 working days from the issuance of the order. The decision also included the assignment of another Commission member to conduct a compulsory conciliation conference under section 448A, aiming to facilitate meaningful negotiations between the parties. The final order confirmed the ballot process and the related timelines, ensuring that the parties would be prepared for the upcoming conciliation conference.

National Tertiary Education Industry Union v RMIT University Student Union Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established