Independent Education Union of Australia
[2012] FWA 6361
•26 JULY 2012
[2012] FWA 6361 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Independent Education Union of Australia
(B2012/1266)
v
Villanova College
COMMISSIONER SIMPSON | BRISBANE, 26 JULY 2012 |
Proposed protected action ballot by employees of Villanova College Coorparoo.
[1] This matter involves an application by the Independent Education Union of Australia (IEUA) for a protected action ballot order in relation to employees of Villanova College. The application was lodged on 23 July 2012.
[2] The Respondent on 24 July 2012 advised through their representative that they did not oppose the making of this order.
[3] In the circumstances, I have decided to determine this matter on the papers.
[4] Section 443 (1) of the Act states:
“(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:
(a) an application has been made under section 437; and
(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.”
[5] The IEUA has provided an affidavit of Dr Paul Giles addressing those matters in s.443 (1) of the Act.
[6] I am satisfied that the requirements of the Act including in s.443(1) have been met and that the order must be made. The order PR526793 will be issued concurrently with this decision.
[7] The Respondent made an application in the course of the hearing at Fair Work Australia (FWA) on 24 July 2012 of separate protected action ballot applications brought by the IEUA and affecting the Respondent for the inclusion in those orders of a requirement pursuant to s.443(5) that the period of written notice prior to taking the action specified in the ballot questions should be 7 days rather than the standard requirement for 3 days notice as specified in s.414(1).
[8] The IEUA adopted the position of leaving that question to the discretion of FWA for determination. Both the IEUA and the Respondent requested that FWA regard their respective submissions for the purpose of the matters heard and determined on 24 July 2012 to also be regarded as their respective positions for the purposes of these applications. I have agreed to that approach.
[9] In my determination of the prior applications on 24 July 2012 I specified 5 working days as the period of written notice of industrial action and gave my reason for doing so. I adopt the reasons given in those matters to also specify 5 working days as the period of written notice of industrial action in these matters.
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