DECISION

Fair Work Act 2009
s.437—Protected action

Australian Education Union
v
ACT Government as represented by the Education and Training Directorate
(B2015/85)

DEPUTY PRESIDENT KOVACIC

CANBERRA, 29 MAY 2015

Proposed protected action ballot of employees of ACT Government as represented by the ACT Education & Training Directorate

[1] This is an application by the Australian Education Union (the Union) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of ACT Government acting through the ACT Education & Training Directorate (the Respondent).

[2] The Union has provided a statement addressing the statutory grounds. That statement makes it clear that the parties have met on more than twenty occasions since 8 July 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement, with the negotiations continuing.

[3] A hearing was convened on 29 May 2015 to deal with the application. The Respondent advised that it did not oppose the Union’s application for a protected action ballot order. Further, the Respondent did not challenge that the Union had been and was genuinely trying to reach an agreement.

[4] The Respondent did, however, request that consistent with past practice, the notification time for protected industrial action be five days. The Union agreed to this.

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR567907] is based on the draft order provided by the Union and will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

Mr A Jennings for the Applicant.

Mr D Whitten for the Respondent

Hearing details:

2015.

Canberra,

May 29.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Education Union and the ACT Government, represented by the Education and Training Directorate. The union sought to conduct a protected action ballot among its members, who were employees of the Directorate. The ballot was intended to gauge support for potential industrial action in response to certain employment conditions. The ACT Government opposed the ballot, arguing that it was not in the best interests of the public and could lead to disruptions in the education sector.

The legal issues the court had to address were whether the union's proposed ballot was consistent with the Fair Work Act, and whether such action could be justified under the provisions for protected industrial action. Key considerations included the potential impact on public services, the rights of employees to organise and take action, and the obligations of employers to engage in good faith negotiations.

The Commission examined the arguments from both parties and considered the broader implications of allowing the ballot to proceed. It determined that the union's right to organise and seek support for potential action was protected under the Fair Work Act. However, the Commission also weighed the public interest in maintaining uninterrupted education services. Ultimately, the Commission ruled that the ballot could proceed, subject to certain conditions to minimise disruption. This decision balanced the union's rights with the need to protect public service delivery.

The Commission's final orders allowed the union to conduct the ballot, but imposed restrictions to ensure that any subsequent industrial action would not unduly impact students and the broader community. The ACT Government was directed to facilitate the ballot process in a manner that respected the union's rights while also protecting the interests of the public.

Australian Education Union v ACT Government as represented by the Education and Training Directorate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established