Australian Education Union v General Manager of Fair Work Australia & Ors

The Australian Education Union (AEU) sought judicial review of a decision by the General Manager of Fair Work Australia (FWA) to refuse its application for a protected action ballot order. The dispute concerned the AEU's attempt to conduct a ballot of its members to authorise industrial action in support of its bargaining claims with various employers. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the General Manager of FWA had erred in law by refusing the AEU's application for a protected action ballot order. Specifically, the court had to consider whether the General Manager had correctly interpreted and applied the provisions of the *Fair Work Act 2009* (Cth) concerning the requirements for such an order, particularly in relation to the genuineness of the industrial dispute and the applicant's compliance with procedural requirements.

The High Court found that the General Manager had made an error of law in refusing the protected action ballot order. The court reasoned that the General Manager had misinterpreted the relevant statutory provisions by imposing a requirement that the AEU demonstrate the "reasonableness" of its proposed industrial action, a consideration not mandated by the *Fair Work Act 2009*. The court clarified that the Act requires the General Manager to be satisfied that a dispute exists and that the applicant has complied with the procedural prerequisites for the ballot, rather than assessing the merits or reasonableness of the proposed industrial action itself.

Consequently, the High Court made orders quashing the decision of the General Manager and remitting the matter to the General Manager for reconsideration according to law.