Benchmark WA Industrial Relations Case Database

Application by National Tertiary Education Industry Union

[2016] FWC 4871 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: National Tertiary Education Industry Union
Respondent: UWS Enterprises Pty Limited T/A Western Sydney University, The College

Ratio

The FWC granted a protected action ballot order under s.437 of the Fair Work Act 2009. The respondent did not object to the application, and the FWC was satisfied that the notification time requirement and all prerequisites in s.443(1) had been met.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 6

  • National Tertiary Education Industry Union applied for a protected action ballot order under s.437 of the Fair Work Act 2009
  • The application related to certain employees of UWS Enterprises Pty Limited (trading as Western Sydney University, The College)
  • The respondent did not object to the application
  • The FWC determined the matter on the papers without holding a hearing
  • The FWC was satisfied that a notification time existed in relation to the proposed agreement
  • The FWC was satisfied that the requirements in s.443(1) had been met

Factors

For
  • No objection from respondent
  • Satisfaction that notification time existed
  • Satisfaction that s.443(1) requirements were met
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 3

[P]Protected action ballot order [S]Good faith bargaining [M]Teacher / educator
Archived text (213 words)
Application by National Tertiary Education Industry Union [2016] FWC 4871 (19 July 2016) [2016] FWC 4871 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 - Application for a protected action ballot order National Tertiary Education Industry Union v UWS Enterprises Pty Limited T/A Western Sydney University, The College (B2016/718) VICE PRESIDENT CATANZARITI MELBOURNE, 19 JULY 2016 Proposed protected action ballot of employees of UWS Enterprises Pty Limited T/as Western Sydney University, The College. [1] This is an application by the National Tertiary Education Industry Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of UWS Enterprises Pty Limited (the Respondent). [2] On 19 July 2016 my associate was advised that the Respondent did not object to the application. [3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing. [4] On the basis of the material before me 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 PR583101 . VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code {A}, PR583083>