Independent Education Union of Australia, Queensland and Northern Territory Branch v Moreton Bay College

[2014] FWC 1403

[2014] FWC 1403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Independent Education Union of Australia, Queensland and Northern Territory Branch
v
Moreton Bay College
(B2014/556)

COMMISSIONER BOOTH BRISBANE, 26 FEBRUARY 2014

Proposed protected action ballot by employees of Moreton Bay College.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia, Queensland and the Northern Territory Branch (the IEU). The IEU seeks a protected action ballot order in relation to a group of employees of Moreton Bay College (the Employer).

[2] The IEU has filed their submission and witness statement in line with the Directions.

[3] The employer’s representative has provided an email received on 26 February 2014 advising that it does not object to the application, however does so on the understanding that the period of written notice of industrial action is specified as 5 working days in the order.

[4] The draft order, provided by the IEU on 25 February 2014, at clause 5 specifies 5 working days as the period of written notice of industrial action and complies with the employer’s representative’s request.

[5] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[6] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR548179] based on the draft order provided by the IEU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR548178>