ENTERPRISE BARGAINING – protected action ballot – extension of notice period – ss.437, 443, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission made a protected action ballot order – University sought that the period of written notice of action be five working days instead of three – Commission granted request – appeal against the decision of the Commission to require an extended period of notice – grounds for appeal included that the Commission misconstrued the term ‘exceptional circumstances’, based on an assessment that the University would apply to suspend or terminate industrial action and that the Commission would more likely than not accede to such an application – also that the Commission failed to engage in any assessment of whether there were exceptional circumstances which justified the period of written notice being longer than three working days – Full Bench held that the Commission was required to evaluate whether particular identified circumstances were exceptional circumstances, and also required to determine whether those circumstances justified a longer period of notice – found the Commission erred – permission to appeal granted – appeal upheld – part of decision at first instance that required written notice of certain industrial action to be given other than in accordance with s.414(2)(a) of the FW Act quashed – order varied. Appeal by National Tertiary Education Industry Union against decision and order of Wilson C of 29 May 2018 [[2018] FWC 3020], [PR607481] Re: Charles Darwin University
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