[2022] FWCFB 193 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604—Appeal of decision
National Tertiary Education Industry Union
v
Curtin University
(C2022/6562)
VICE PRESIDENT HATCHER |
MELBOURNE, 25 OCTOBER 2022 |
Appeal against decision [2022] FWC 2514 and order PR746016 of Deputy President Binet at Perth on 20 September 2022 in matter number B2022/1394
[1] Further to the hearing of this appeal held on 24 October 2022 we determine and order that:
(1) Permission to appeal is granted.
(2) Ground 3 of the appeal is upheld.
(3) The decision 1 and order2 of Deputy President Binet in the matter under appeal are quashed.
(4) On a rehearing of the application in matter number B2022/1394, we make a protected action ballot order under s 443 of the Fair Work Act 2009. The order will issue concurrently with this decision.
(5) Matter B2022/1394 is remitted to Deputy President Clancy to deal with any consequential issues which may arise from the making of the order in (4) above.
[2] We will publish our reasons for this decision in due course.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR747158>
Appearances:
E White of counsel for the appellant.
A Pollock of counsel for the respondent.
Hearing details:
2022.
Melbourne, in person and by video link using Microsoft Teams:
24 October.