The Australian Workers' Union v Federation University Australia

[2019] FWC 1343

[2019] FWC 1343

FAIR WORK COMMISSION

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

<PR705424>