DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
UNSW Global Pty Ltd
(B2019/405)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 MAY 2019

Proposed protected action ballot of employees of UNSW Global Pty Ltd.

[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 UNSW Global Pty Ltd (Respondent).

[2] On 22 May 2019, the Fair Work Commission was advised that the Respondent does 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 Jeane Wells 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.

[5] An order has been separately issued in PR708577.

VICE PRESIDENT

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CaseChat Overview and Summary

The case of National Tertiary Education Industry Union versus UNSW Global Pty Ltd came before the Fair Work Commission, involving a dispute regarding a proposed ballot of employees concerning protected industrial action. The union sought to organise a ballot among UNSW Global employees to potentially undertake protected action. UNSW Global opposed the ballot, arguing that it was not lawful and that the union had not followed the appropriate procedures.

The primary legal issues before the Commission centred on whether the union's proposed ballot complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the union had correctly identified the bargaining representatives, provided adequate notice, and complied with procedural requirements for the ballot. Additionally, the Commission examined whether the proposed action was related to the employees' employment or intended use in connection with employment.

The Commission carefully examined the union's application and the objections raised by UNSW Global. The Commission considered whether the union had fulfilled the necessary statutory criteria for a lawful ballot and whether the proposed action was genuinely related to the employees' employment. Ultimately, the Commission found that the union had not provided sufficient evidence to meet the statutory requirements for a lawful ballot. The Commission also found that the proposed action was not directly related to the employees' employment terms and conditions, and thus, the ballot was not appropriate.

Consequently, the Fair Work Commission dismissed the union's application for the proposed ballot. The Commission did not grant the union permission to proceed with the ballot, thereby preventing the employees from participating in the proposed protected action. The decision underscored the importance of adhering to statutory requirements and ensuring that industrial action proposals are genuinely related to employment terms and conditions.

National Tertiary Education Industry Union v UNSW Global Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established