National Tertiary Education Industry Union v University of Queensland

[2018] FWC 1454

[2018] FWC 1454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of Queensland
(B2018/162)

VICE PRESIDENT CATANZARITI SYDNEY, 9 MARCH 2018

Proposed protected action ballot by employees of The University of Queensland

[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 The University of Queensland (Respondent).

[2] On 9 March 2018, my Associate was advised that the parties had come to an agreement regarding the contents of the ballot, and that the Applicant had corrected a deficiency in the statutory declaration of Mr A. Bonnell in subsequent correspondence with the Commission and the parties on 9 March 2018. That deficiency concerned an omission that the parties had attended a full day meeting on 23 January 2018, to which an in principle agreement was reached on a number of important matters. It was on that basis that the Respondent advised that it was no longer objecting to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr A. Bonnell of the Applicant (which has now been corrected) in setting out the steps taken by it in bargaining with the Respondent, I am satisfied that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent. Furthermore, 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] Directions and an Order has been separately issued in PR601074 and PR601073, respectively.

VICE PRESIDENT

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