DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Federation University Australia
(B2019/170)

VICE PRESIDENT CATANZARITI

SYDNEY, 4 MARCH 2019

Proposed protected action ballot of employees of Federation University Australia.

[1] This is an application by the Australian Workers’ 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 the Federation University Australia (Respondent).

[2] On 1 March 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 Mr Michael Douglas Derrick of the Applicant declared on 27 February 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 PR705423.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union brought an application against Federation University Australia in relation to a proposed ballot of employees to determine whether they would support industrial action. The applicants sought an order for the university to provide certain information to the union to facilitate the conduct of the ballot. The dispute was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the university was obligated to provide the union with specific information that would assist in the organisation and conduct of the ballot. The Commission had to consider the obligations of employers under the Fair Work Act 2009, specifically those pertaining to the provision of information to facilitate industrial action. It was also necessary to weigh the university's rights and interests against the union's rights to organise and conduct a ballot.

In reaching its decision, the Commission examined the relevant provisions of the Fair Work Act and related case law. The Commission determined that the university was required to provide the information sought by the union as it was necessary for the proper conduct of the ballot. The Commission found that the university's interests did not outweigh the union's right to organise industrial action and the need for the information to be provided to facilitate such action. Consequently, the Commission ordered the university to provide the specified information to the union.

As a result of the Commission's decision, the university was directed to furnish the union with the necessary information within the stipulated timeframe. This order was made to ensure that the union could proceed with the ballot in accordance with the legal requirements, thereby upholding the rights of the employees to engage in protected industrial action.

The Australian Workers' Union v Federation University Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established