National Tertiary Education Industry Union v University of Tasmania

[2013] FWC 2858

[2013] FWC 2858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of Tasmania
(B2013/105)

COMMISSIONER DEEGAN CANBERRA, 8 MAY 2013

Proposed protected action ballot by employees of University of Tasmania .

[1] This decision relates to an application made by the National Tertiary Education Industry Union (the Union) on 8 May 2013, for a protected action ballot of employees of the University of Tasmania (the Employer). The application was made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[2] The representative from the Employer, Mr Chris Smyth, informed my Chambers that the Employer would not be opposing the making of the Order. Accordingly, this matter will be decided on the papers.

[3] The relevant employees of the Employer are currently covered by the University of Tasmania Academic Staff Agreement 2010 - 2012; the University of Tasmania Professional Staff Agreement 2010 - 2012 and the University of Tasmania English Language Centres Agreement 2010 - 2012. Negotiations are currently taking place in relation to a new enterprise agreement.

[4] The Union seeks to ballot employees of the Employer who will be covered by the proposed enterprise agreement and who the union represents as a bargaining representative.

[5] The relevant section of the Act, s.443, provides as follows:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

(2) FWA must not make a protected action ballot order in relation to a proposed enterprise agreement except in the circumstances referred to in subsection (1).

(3) A protected action ballot order must specify the following:

(a) the name of each applicant for the order;

(b) the group or groups of employees who are to be balloted;

(c) the date by which voting in the protected action ballot closes;

(d) the question or questions to be put to the employees who are to be balloted, including the nature of the proposed industrial action.

[6] I am satisfied that the application has been made under s.437 of the Act and that the Union is genuinely trying to reach an agreement with the employers of the employees who are to be balloted.

[7] As ss.443(1)(a) and (b) have been complied with, I must make a protected action ballot order, as sought by the Union. An Order [PR536423] to this effect is issued separately.

COMMISSIONER

<Price code A, PR536422>