National Tertiary Education Industry Union v University of the Sunshine Coast

[2019] FWC 2562

[2019] FWC 2562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
University of the Sunshine Coast
(B2019/307)

VICE PRESIDENT CATANZARITI SYDNEY, 15 APRIL 2019

Proposed protected action ballot of employees of University of the Sunshine Coast.

[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 the Sunshine Coast (Respondent).

[2] On 12 April 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Michael James McNally of the Applicant declared on 10 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[5] An Order has been separately issued in PR707003.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR707002>