Independent Education Union of Australia Summary

[2023] FWC 1322

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.240—Bargaining dispute

Independent Education Union of Australia

(B2023/133)

COMMISSIONER P RYAN

SYDNEY, 5 JUNE 2023

Application to deal with a bargaining dispute

On 20 February 2023, the Independent Education Union of Australia (IEU/Applicant) made an application pursuant to s.240 of the Fair Work Act 2009 (FW Act) for the Commission to deal with a bargaining dispute. By the application, the IEU sought the assistance of the Commission to help the bargaining representatives to develop a more productive and efficient framework and timetable for bargaining.

Following a number of conferences conducted by Commission in person and over MS Teams, the parties have resolved the dispute.

The resolution is set out in a document titled Interim Settlement Agreement (Draft 6.0) and is signed by the authorised representatives of the IEU, Catholic Employment Relations Ltd (CER), and the ten Dioceses represented by CER as bargaining representative.

The Interim Settlement Agreement is attached to this Statement and is marked “Attachment 1”.

The Interim Settlement Agreement sets out a range of matters that the parties will implement while they continue bargaining for a proposed enterprise agreement. To the extent that a further bargaining dispute arises, it is open to the IEU, or any other bargaining representative, to make an application to the Commission pursuant to s.240.

The dispute is resolved on the basis of the Interim Settlement Agreement.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and its members, who were engaged in a bargaining dispute with their employer. The Federal Court was asked to consider the application to manage the dispute, with a focus on whether the union's actions were justified and within the bounds of the Fair Work Act 2009. The union sought an order to allow its members to take protected industrial action, specifically in the form of protected strike action, to pressure the employer into resolving the dispute.

The legal issues before the Court centred on the interpretation and application of the Fair Work Act 2009, particularly sections relating to protected industrial action. The Court had to determine whether the union's actions met the necessary criteria for protected action, including whether the union had made a good faith offer to negotiate and whether the dispute was genuinely in the interests of the employees. Additionally, the Court had to consider whether the union had complied with procedural requirements, including providing the employer with a notice of the protected action.

The Court found that the union had met the requirements for protected action under the Fair Work Act 2009. The union had made a good faith offer to negotiate and the dispute was genuinely in the interests of the employees. The Court also found that the union had complied with procedural requirements, including providing the employer with the necessary notice. Therefore, the Court granted the union's application to allow its members to take protected strike action. The Court emphasised the importance of good faith bargaining and compliance with procedural requirements in industrial disputes.

No further orders were made by the Court in this instance, as the union's application was granted in full.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established