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Fair Work Act 2009
s.437 - Application for a protected action ballot order
National Tertiary Education Industry Union
v
Royal Melbourne Institute of Technology T/A RMIT University, RMIT
Training Pty Ltd T/A RMIT Training
(B2023/714)
DEPUTY PRESIDENT SLEVIN SYDNEY, 24 JULY 2023
Proposed protected action ballot of employees of RMIT University and RMIT Training Pty
Ltd
Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders:
1. PROTECTED ACTION BALLOT TO BE HELD
National Tertiary Education Industry Union (NTEU) is to hold a protected action ballot of
employees of RMIT University T/A RMIT University (RMIT University) and RMIT Training
Pty Ltd T/A RMIT Training Pty Ltd (RMIT Training) described in clause 3 of this order.
RMIT University and RMIT Training shall be jointly referred to as the employers.
2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT
The ballot is to be conducted by TrueVote Pty Ltd (Agent). The contact details of the Agent
are:
Mr Stephen Donaldson
Director
TrueVote Pty Ltd
27 May Terrace
Brooklyn Park, SA 5032
Phone: 1300 360 287
Email: Stephen.donaldson@truevote.com.au
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 who will be
covered by the proposed enterprise agreement and are represented by the bargaining
representative who is the applicant for this protected action ballot order. The employees covered
by the proposed agreement are the employees currently covered by RMIT University Enterprise
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ORDER
AUSTRALIA FairWork Commission
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Agreement 2018; RMIT Vocational Education Workplace Agreement 2019; and RMIT Training
Pty Ltd and National Tertiary Education Union Enterprise Agreement 2016.
4. DATE BY WHICH BALLOT CLOSES
The date by which voting in the protected action ballot is to close is 10 working days after the
date of this order.
5. QUESTIONS
The question(s) to be put to voters in the ballot are:
In support of reaching an Enterprise Agreement with RMIT University and RMIT Training Pty
Ltd, do you authorise industrial action again your employers, to be taken separately, partially,
concurrently and/or consecutively, on any number of occasions, in the form of:
1. Stoppages of work of between 5 minutes and 24 hours in duration?
Yes [ ] No [ ]
2. Indefinite stoppages of work?
Yes [ ] No [ ]
3. A ban on working outside the span of hours?
Yes [ ] No [ ]
4. Making statements while working explaining why members of the Union are taking
industrial action?
Yes [ ] No [ ]
5. A ban on participation in events hosted or endorsed by your employer Pty Ltd?
Yes [ ] No [ ]
6. A ban on preparing for events hosted or endorsed by your employer?
Yes [ ] No [ ]
7. A ban on the transmission of assessment results to your employer?
Yes [ ] No [ ]
8. A ban on attending meetings with supervisors, managers or Deans?
Yes [ ] No [ ]
9. A ban on the use of your employer’s online systems?
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Yes [ ] No [ ]
10. A ban on administration or teaching work for offshore programs?
Yes [ ] No [ ]
11. A ban on attending any physical campus of RMIT University and/or RMIT Training
Pty Ltd?
Yes [ ] No [ ]
6. EMPLOYER TO PROVIDE LIST OF ELIGIBLE EMPLOYEES
6.1 The Employers are to provide to the Agent (Stephen.donaldson@truevote.com.au) by
4:00pm on the third working day after the day the Order is issued, a list of their
employees (as at the date of the Order) being a list that includes all of the employees
who would be covered by the proposed enterprise agreement, in the following format.
6.2 The list is to be provided in the form of a Microsoft Excel compatible spreadsheet in a
file named by reference to the ballot.
(a) The list is to be in alphabetical order of surname.
(b) The list is to contain the information (if known) for each employee who would be
covered by the proposed enterprise agreement as indicated by those column names
set out below:
Column 1 Employee ID
Column 2 Surname
Column 3 First Name
Column 4 Middle Name
Column 5 Date of Birth
Column 6 Work Email Address
Column 7 Private Email Address
Column 8 Mobile Phone Number
Column 9 Postal – Address 1
Column 10 Postal – Address 2
Column 11 Postal – State
Column 12 Postal – Postcode
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6.3 The list must be accompanied by a declaration in writing that the Employers reasonably
believe that the information is complete, up to date and -accurate in accordance with
Regulation 3.15 of the Fair Work Regulations 2009 (Regulations).
6.4 The Employers may provide the list of employees to the Agent by way of
encrypted or password protected email, or other secure method, that is accessible
by the Agent.
7. APPLICANT TO PROVIDE LIST OF ELIGIBLE MEMBERS
7.1 The Applicant is to provide to the Agent by 4:00pm on the third working day
after the day the Order is issued a list of its members (as at the date of the Order)
employed by the Employer in the following format:
7.2 The list is to be provided in the form of a Microsoft Excel compatible spreadsheet
in a file named “NTEU– Member List”.
(a) The list is to be in alphabetical order of surname.
(b) The list is to contain the information (if known) for each member who would be
covered by the proposed enterprise agreement as indicated by those column names
set out below:
Column 1 Surname
Column 2 First Name
Column 3 Middle Name
Column 4 Date of Birth
Column 5 Work Email Address
Column 6 Private Email Address
Column 7 Mobile Phone Number
Column 8 NTEU Membership Number (if applicable)
Column 9 Postal – Address 1
Column 10 Postal – Address 2
Column 11 Postal – State
Column 12 Postal – Postcode
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7.3 The list must be accompanied by a declaration in writing that the Applicant
reasonably believes that the information is complete, up‑to‑date and accurate in
accordance with Regulation 3.15 of the Regulations.
7.4 The Applicant may provide the list of members to the Agent by way of encrypted
or password protected email, or other secure method, that is accessible by the
Agent.
8. VOTING METHOD
8.1 The ballot is to be conducted by electronic voting must take place in
compliance with the Act, the Regulations and this Order.
8.2 Pursuant to s.450 of the Act, the Agent is to conduct the protected action
ballot in accordance with the following directions.
Timetable
8.2.1 The Agent will determine the date the ballot commences in accordance with
s.451. The Commencement Date will be included in the timetable compiled in
accordance with paragraph 10 of this Order. The ballot will not commence before
the Commencement Date.
8.2.2 The date by which voting in the protected action ballot is to close is no later than
10 working days from the date of effect of this Order.
Voting method
8.2.3 The ballot will be held electronically.
8.2.4 The Agent will design a voting website on a secure server which will allow
eligible voters to vote in the ballot.
8.2.5 The Agent will allocate to each eligible voter on the list of voters a unique
identifier, being a randomly generated internet voting password, to access and
vote on the website.
8.2.6 Just prior to the opening of the ballot, the Agent will issue to eligible voters an
Instruction Sheet. The Instruction Sheet will contain the web address for the
voting website, each eligible employee’s randomly generated internet voting
password, instructions on how to vote and any other material the Agent considers
relevant.
8.2.7 The Agent will issue the Instruction Sheet to each employee’s email address,
where provided. Additionally, the Agent will send an SMS to any mobile number
for that eligible voter, where a mobile phone has been provided.
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8.2.8 For any eligible employees without an email address or mobile phone number,
the Agent will send the Instruction Sheet by mail to that employee’s home postal
address.
8.2.9 The Agent will ensure the voting website will only be accessible for voting in the
ballot by eligible voters.
8.2.10 The Agent will ensure that the operation of the internet voting system provides
that an authenticated voter may cast only one vote in the ballot.
Updates to the list of voters
8.2.11 Before the Commencement Date, the Employers will provide the Agent with the
names of any of its employees that have ceased employment on the day such
employment ends.
8.2.12 If any of these employees are on the list of voters, their internet voting password
to vote in the ballot will be disabled.
9. FINALISING THE LIST OF VOTERS
9.1 The Agent is to finalise the list of voters using its discretion.
10. TIMETABLE FOR BALLOT AND COMPILATION OF LIST OF VOTERS
10.1 The Agent will compile a timetable in accordance with the Act and the Directions
outlined in paragraphs 8.2.1 and 8.2.2 of this order, to be sent to the parties.
10.2 The Agent may make variations to the timetable (excluding the date by which the ballot
would close) as may be necessary to bring about the efficient and expeditious conduct
of the protected action ballot.
11. INFORMATION
11.1 The Agent may give any ballot-related notice, information or other material to
employees by means including sending the materials to employees’ work email
addresses and personal or other email addresses.
11.2 The Agent shall, as soon as practicable, issue to eligible employees on the roll of voters,
the notice to employees, consistent with Regulation 3.13 of the Regulations, including
by email to their nominated email address, and SMS to any mobile phone number for
that eligible voter, where a mobile phone number has been provided. For any eligible
employees without an email address or mobile phone number, the Agent will send the
notice to employees by mail to that employee’s home postal address.
11.3 The notice to employees shall contain a copy of the protected action ballot order and
include the following information and statements:
(a) the name and contact details of the Agent including telephone contact and email
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address details;
(b) the timetable for the conduct of the protected action ballot including the times of
opening and closing the ballot;
(c) a statement informing employees that the protected action ballot is to be conducted
by electronic voting;
(d) information about how eligible employees will receive their voting instructions and
how they can vote electronically on the designated voting website using unique
identifiers;
(e) a statement inviting employees to contact the Agent if the employee believes that
he or she should be included on the roll of voters;
(f) a statement inviting employees to contact the Agent if the employee believes that
he or she should not be included on the roll of voters;
(g) a statement inviting employees to contact the Agent, the independent advisor (if
any) or the Fair Work Commission in the event that the employee has any concerns
or complaints relating to the conduct of the protected action ballot;
(h) a statement that the protected action ballot is to be conducted as a secret ballot and
that employees are free to approve or not approve the proposed industrial action;
and
(i) contact details of the independent advisor if one has been appointed.
12. PROVISION OF INFORMATION AND ASSISTANCE TO AUTHORISED
BALLOT AGENT
12.1 The Applicant and the Employers are to comply as quickly as is reasonably practicable
with any reasonable request made by the Agent pursuant to the Act or the Regulations
for information or assistance.
12.2 The Employers shall facilitate the email delivery of ballot related notices, information,
or other materials to all employees by whitelisting the domain utilised by the Agent.
12.3 The Employers shall allow access to the voting web site from all employees’ places of
work and accommodation (if applicable) by whitelisting the site across the Employers’
internet network.
12.4 Where the Employers do not manage the IT networks that employees may use to vote
they will do all that is practicable to ensure that Orders 11.2 and 11.3 are complied
with.
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13. SCRUTINEERS
13.1 The Applicant and the Employers are to comply with the provisions contained in the
Regulations and to notify in writing to the Agent the names of any scrutineer(s) that
they propose to authorise to attend the conduct of the ballot.
13.2 Any notification of the appointment of any scrutineer(s) must be served on the other
party. Should the other party object to the appointment of any scrutineer(s), then that
party is able to apply to the Fair Work Commission to have its objection heard and
determined.
13.3 The functions of any scrutineer(s) appointed pursuant to this clause will only occur
once all votes have been received, the ballot has closed, but before any ballot result is
declared.
14. RESULTS
14.1 The Agent may, on request, report to either the Employers or the Applicant the
participation rate.
14.2 The Agent shall report the results of the protected action ballot as soon as practicable
after the close of voting to the Applicant, the Employers and the Fair Work
Commission.
15. DATE OF EFFECT
15.1 This order shall come into force on 24 July 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
THE SEAL OF TH NOISSINN
