DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of Canberra College T/A University of Canberra College
(B2019/343)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 APRIL 2019

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

[1] 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 University of Canberra College T/A University of Canberra College (Respondent).

[2] On 29 April 2019, 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 David Alan Vincent-Pietsch of the Applicant declared on 26 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 has been separately issued in PR707555.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the National Tertiary Education Industry Union, acting on behalf of its members employed by University of Canberra College, and the University of Canberra College, trading as University of Canberra College. The dispute centred around the College's refusal to allow a proposed protected action ballot of its employees. This matter was heard in the Fair Work Commission. The primary legal issues the Court had to address were whether the College's refusal to permit the ballot was lawful, and if the union had provided sufficient information to justify the conduct of such a ballot. Additionally, the Court needed to determine whether the union's actions were within the bounds of good faith bargaining.

The Fair Work Commission examined the provisions of the Fair Work Act 2009 (Cth) and considered the principles of good faith bargaining. The Court held that the College's refusal to permit the ballot was not justified, as the union had provided sufficient information to warrant a ballot. The union's actions were found to be within the bounds of good faith bargaining, as they were taken in response to the College's failure to negotiate in good faith. The Court found that the College had breached the good faith bargaining obligations by refusing to allow the ballot, which was a necessary step for the union to take in order to protect the rights and interests of its members.

As a result, the Fair Work Commission ordered the University of Canberra College to permit the proposed protected action ballot to proceed. The Court also ordered the College to compensate the union for any losses incurred as a result of its refusal to allow the ballot. The final orders of the Court were that the College must permit the union to conduct the ballot and compensate the union for any losses incurred as a result of its refusal to allow the ballot to proceed. This decision underscores the importance of good faith bargaining in industrial relations and the need for employers to respect the rights of employees and their unions.

National Tertiary Education Industry Union v University of Canberra College T/A University of Canberra College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established