National Tertiary Education Industry Union v Western Sydney University, the College

[2021] FWC 6464

[2021] FWC 6464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Tertiary Education Industry Union
v
Western Sydney University, The College
(B2021/1154)

VICE PRESIDENT CATANZARITI SYDNEY, 26 NOVEMBER 2021

Proposed protected action ballot of employees of Western Sydney University, The College

[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 Western Sydney University, The College (Respondent).

[2] On 23 November 2021, 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 Joshua Michael Gava of the Applicant declared on 22 November 2021, 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 PR736194.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR736195>