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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Tertiary Education Industry Union, representing employees of The University of Queensland, sought to conduct a ballot for protected action in relation to potential industrial action. The University challenged the ballot on the grounds that the union had not complied with the necessary statutory requirements. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central issue before the Commission was whether the union had correctly followed the procedures outlined in the Fair Work Act 2009 for conducting a ballot of its members. Specifically, the dispute centred on whether the union had adequately notified affected employees and provided them with the requisite information to make an informed decision about participating in the ballot. The Commission had to determine whether the union's actions were procedurally fair and in accordance with the legislative requirements.

The Commission found that the union had not properly notified all affected employees, nor had it provided them with the necessary information as required by the Act. Consequently, the Commission ruled that the union had failed to comply with the statutory provisions for conducting a ballot of its members. As a result, the proposed ballot was deemed invalid, and the union's application was dismissed. The Commission's decision was based on a strict interpretation of the statutory obligations and the importance of ensuring procedural fairness in the industrial relations process.

In light of the ruling, the Fair Work Commission ordered that the union's proposed ballot was not to proceed, and the Commission made no further orders regarding the dispute. The decision underscores the necessity for unions to strictly adhere to statutory requirements when organising industrial action, highlighting the importance of procedural fairness in the industrial relations system.

National Tertiary Education Industry Union v University of Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established