| [2022] FWC 2404 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
National Tertiary Education Industry Union
v
University of Tasmania T/A University of Tasmania
(B2022/1352)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 9 SEPTEMBER 2022 |
Proposed protected action ballot of employees of University of Tasmania Trading As University of Tasmania
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 University of Tasmania trading as University of Tasmania (the Respondent).
On 9 September 2022, my Associate was advised that the Respondent does not object to the application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Ms Emma Ruth Elizabeth Gill 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.
The Applicant also sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Stephen Donaldson (Business Owner of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.
Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent
An order has been separately issued in PR745678.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745677>
- AGLC
- National Tertiary Education Industry Union v University of Tasmania T/A University of Tasmania [2022] FWC 2404
- Case
- [2022] FWC 2404
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the notification time for the proposed agreement had been met and whether the requirements of section 443(1) of the Act had been satisfied. Additionally, the Applicant sought to appoint a ballot agent other than the Australian Electoral Commission for the ballot. The Respondent did not object to either the application for the ballot order or the proposed ballot agent.
The Fair Work Commission determined the matter on the papers without a hearing, as the Respondent did not object to the application. The Deputy President was satisfied that the notification time in relation to the proposed agreement had been met and that the requirements of section 443(1) of the Act had been satisfied. The Deputy President also found that Mr Stephen Donaldson, proposed by the Applicant as the ballot agent, was a fit and proper person to conduct the ballot. Mr Donaldson agreed to comply with the Privacy Act 1998 and was deemed capable of ensuring the secrecy and security of the votes and conducting the ballot expeditiously.
Accordingly, the Fair Work Commission appointed Mr Stephen Donaldson as the protected action ballot agent. An order was issued in PR745678.
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Background
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