National Tertiary Education Industry Union v University of Canberra

[2018] FWC 5910

[2018] FWC 5910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of Canberra
(B2018/845)

VICE PRESIDENT CATANZARITI SYDNEY, 21 SEPTEMBER 2018

Proposed protected action ballot of employees of the University of Canberra.

[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 University of Canberra (Respondent).

[2] On 20 September 2018, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr W Cupido 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] An Order and Directions have been separately issued in PR700589 and PR700691 respectively.

VICE PRESIDENT

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