1 Fair Work Act 2009 s.437—Protected action Australian Municipal, Administrative, Clerical and Services Union v National Tertiary Education Industry Union (B2019/141) DEPUTY PRESIDENT CLANCY MELBOURNE, 22 FEBRUARY 2019 Proposed protected action ballot of employees of National Tertiary Education Industry Union. Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The Australian Municipal, Administrative, Clerical and Services Union (the ASU) is to hold a protected action ballot of employees of National Tertiary Education Industry Union described in clause 3 of this order. 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission. 3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED In accordance with s.437(5) of the Act, the employees to be balloted are those employees of the Respondent who are members of the ASU and would be subject to the proposed enterprise agreement, but excluding any employee who: (a) has appointed another person under paragraph 176(1)(c) of the Fair Work Act 2009 as his or her bargaining representative for the agreement; or, (b) has revoked the status of the ASU as his or her bargaining representative for the agreement under subsection 178A(2) of the Fair Work Act 2009. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is no later than 20 working days from the date of this order. 5. QUESTIONS PR705232 ORDER PR705232 2 The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with the NTEU, do you endorse the taking of any and all protected industrial action against the NTEU separately, concurrently and/or consecutively, which is authorised by this ballot in the form of the following: 1. A ban on work performed outside of ordinary working hours Yes [ ] No [ ] 2. An unlimited number of indefinite and/or periodic stoppages on the performance of all work Yes [ ] No [ ] 3. A ban on the use of online systems (such as MembTrak) Yes [ ] No [ ] 4. A ban on the preparation of both internal and external reports (such as the Workplace Gender Equity Agency Report, Branch/Division Council reports and National Executive reports) Yes [ ] No [ ] 5. A ban on the use of smart devices for business purposes Yes [ ] No [ ] 6. Making statements during work hours explaining the staff claims and why staff are participating in industrial action Yes [ ] No [ ] 7. A ban on the preparation for and participation in meetings of NTEU leadership bodies (such as Branch Committees, National Executive and National Council) Yes [ ] No [ ] 8. A ban on the production of NTEU publications and communications Yes [ ] No [ ] 9. A ban on work related to the preparation or the delivery of new member kits Yes [ ] No [ ] 10. A ban on traveling for business purposes Yes [ ] No [ ] 11. A ban on the processing of NTEU finances Yes [ ] No [ ] DEPUTY PRESIDENT PR705232 3 Printed by authority of the Commonwealth Government Printer