DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Federation University Australia
(B2018/986)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 OCTOBER 2018

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 (Act) for a protected action ballot order in relation to certain employees of Federation University Australia (Respondent).

[2] On 29 October 2018, 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 M Derrick 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 PR701786.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Australian Workers' Union versus Federation University Australia, the Federal Court of Australia was presented with a dispute surrounding a proposed protected action ballot of employees at Federation University Australia. The Australian Workers' Union sought to conduct a ballot to determine if the university's employees were in favour of protected action, such as a strike, in response to certain employment-related grievances. Federation University Australia contested the ballot, asserting that the union had failed to comply with statutory requirements for such a ballot.

The legal issues before the court included whether the union had correctly followed the necessary procedures under the Fair Work Act 2009 to hold a protected action ballot, and whether the university's concerns about the ballot process were valid. The court had to determine if the union had adequately notified affected employees and the university, and if the ballot's form and content were compliant with the statutory requirements.

The court found that the union had not strictly adhered to the procedural requirements for a protected action ballot, specifically in failing to give proper notice to the university and some employees. The court determined that the union's failure to provide adequate information about the ballot's nature and the statutory requirements was a significant procedural flaw. As a result, the court ruled in favour of the university, stating that the union's ballot process was invalid due to these procedural deficiencies. Consequently, the court disallowed the proposed ballot.

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