Australian Principals Federation v State of Victoria (Department of Education & Early Childhood Development)

[2013] FWC 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448—Protected action

Australian Principals Federation
v
State of Victoria (Department of Education & Early Childhood Development)
(B2013/794)

COMMISSIONER BISSETT

MELBOURNE, 22 APRIL 2013

Application to revoke order made in B2013/721.

[1] On 2 April 2013, pursuant to s.437 of the Fair Work Act 2009 (the Act), I made a protected action ballot Order [PR535261] for matter B2013/721 upon application by the Australian Principals Federation (the AFP) with respect to employees of the State of Victoria (Department of Education & Early Childhood Development) to be covered by the proposed enterprise agreement. The ballot was to close on 3 May 2013.

[2] On 18 April 2013, pursuant to s.448 of the Act, the AFP filed an application for revocation of the protected action ballot order.

[3] Section 448 of the Act provides:

448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to FWC, at any time before voting in the protected action ballot closes, to revoke the order.

(2) If an application to revoke a protected action ballot order is made, FWC must revoke the order.

[4] The AFP was the applicant for the protected action ballot in matter B2013/721 and is therefore eligible to make an application under s.448 of the Act. The voting pursuant to the Order [PR535261] which is subject of this application is scheduled to close on 3 May 2013. This application is therefore made within the time prescribed by s.448(1) of the Act.

[5] Pursuant to s.448(2) of the Act, the Fair Work Commission must revoke a protected action ballot if an application to do so is made. An Order will issue accordingly.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Australian Principals Federation v State of Victoria (Department of Education & Early Childhood Development), the applicant, Australian Principals Federation, sought the revocation of an order made by the Court in a previous proceeding. The dispute involved issues pertaining to employment and industrial relations within the education sector in Victoria. The case was heard in the Fair Work Commission.

The primary legal issues the court was required to address were whether the order made in the previous proceeding was still applicable and whether there were sufficient grounds to revoke it. The applicant argued that changes in the circumstances since the original order were made warranted a revocation. The respondent, the State of Victoria, contended that the order remained valid and should not be revoked.

The Fair Work Commission considered the arguments presented by both parties. It examined the changes in circumstances and assessed whether these changes were significant enough to warrant a revocation of the order. The Commission determined that the changes did not justify revoking the order, as the core issues and the interests of the parties remained largely unchanged. Consequently, the application to revoke the order was dismissed.

No further orders were made by the Commission. The existing order remained in effect, and the parties were directed to continue to abide by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established