1
Fair Work Act 2009
s.437—Protected action
Australian Education Union
v
The Secretary to the Department of Education and Training of the State
(B2021/702)
DEPUTY PRESIDENT CLANCY MELBOURNE, 23 AUGUST 2021
Proposed protected action ballot of employees of The Secretary to the Department of
Education and Training of the State of Victoria.
[1] This is an application by the Australian Education 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 The Secretary to the Department of Education and Training of the State
(Respondent).
[2] On 23 August 2021, my Associate was advised that the Respondent did not object to
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 declaration of Mr Justin Mullaly
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] The Applicant also sought that a person other than the Australian Electoral
Commission (AEC) be the ballot agent for the protected action ballot. This course was not
opposed by the Respondent. The person proposed in the application as the protected action
ballot agent is the Australian Election Company. Mr Richard Lloyd Raymond Kidd, the
Principal of the Australian Election Company has provided a statutory declaration setting out
that he would carry out the functions of the protected ballot agent for the Australian Election
Company, and that he has relevant experience in conducting protected action ballots. I am
satisfied that the Australian Election Company is a fit and proper person to conduct the ballot.
I am also satisfied that Mr Kidd and the Australian Election Company are capable of ensuring
the secrecy and security of the votes and of conducting the ballot expeditiously. The
Australian Election Company has agreed to be the protected action ballot agent and Mr Kidd
and the Australian Election Company are bound to comply with the Privacy Act 1998 with
respect to the handling of the information relating to the protected action ballot.
[2021] FWC 5212
DECISION
E AUSTRALIA FairWork Commission
[2021] FWC 5212
2
[6] Therefore I appoint the Australian Election Company as the protected action ballot
agent.
[7] An order has been separately issued in PR732081.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR733080
NO R HE FAI NOISSIN THE SEA
