National Tertiary Education Industry Union v University of New South Wales

[2018] FWC 2586

[2018] FWC 2586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of New South Wales
(B2018/334)

VICE PRESIDENT CATANZARITI BRISBANE, 9 MAY 2018

Proposed protected action ballot of employees of the University of New South Wales.

[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 New South Wales (Respondent).

[2] On 7 May 2018, the Fair Work Commission (Commission) was advised that the Respondent consented to the application provided that amendments were made to the Applicant’s draft order. The Applicant made those amendments and remitted an amended draft to the Commission on the same day.

[3] On 8 May 2018, the Applicant advised the Commission of further amendments to its application, as well as a proposed change to the opening date of the ballot to accommodate for the availability of the ballot agent. The Respondent confirmed that it consented to those proposed amendments.

[4] Given that mutual consent on the application has been reached, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Ms J Wells 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.

[6] An Order (PR606921) and Directions (PR606922) have been separately issued with this decision.

VICE PRESIDENT

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