National Tertiary Education Industry Union v University of Canberra

[2018] FWC 6877

[2018] FWC 6877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

National Tertiary Education Industry Union
v
University of Canberra
(B2018/1031)

VICE PRESIDENT CATANZARITI DARWIN, 8 NOVEMBER 2018

Application to extend the 30-day period in relation to B2018/845.

[1] On 7 November 2018, the National Tertiary Education Industry Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR700589 (the Order) made on 21 September 2018. The Order applies to certain employees of University of Canberra (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 9 October 2018. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 7 November 2018.

[3] On 8 November 2018, the Respondent advised the Commission via email that it does not oppose the National Tertiary Education Industry Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the National Tertiary Education Industry Union who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 7 November, the extension period will operate from 7 November 2018.

[6] An order has been separately issued in PR702146.

VICE PRESIDENT

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