Fair Work Act 2009
s.604—Appeal of decision

National Tertiary Education Industry Union
v
Curtin University
(C2022/6562)

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.

 1   [2022] FWC 2514

 2   PR746016, as varied by PR746324