DECISION

Fair Work Act 2009
s.437—Protected action

Independent Education Union of Australia-Queensland and Northern Territory Branch
v
The Board of Trustees of the Toowoomba Grammar School T/A Toowoomba Grammar School
(B2019/652)

VICE PRESIDENT CATANZARITI

PERTH, 12 AUGUST 2019

Proposed protected action ballot of employees of The Board of Trustees of the Toowoomba Grammar School.

[1] This is an application by the Independent Education Union of Australia - Queensland and Northern Territory Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Board of Trustees of the Toowoomba Grammar School T/A Toowoomba Grammar School (Respondent).

[2] On 12 August 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Matthew Kliese of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR711244.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Independent Education Union of Australia-Queensland and Northern Territory Branch brought proceedings against The Board of Trustees of the Toowoomba Grammar School. The union sought a declaration that the proposed ballot of the school’s employees regarding protected action did not comply with the Fair Work Act 2009. The union argued that the ballot notice did not provide sufficient information for the employees to make an informed decision, particularly in relation to the potential consequences of the proposed industrial action.

The legal issues before the court involved whether the ballot notice complied with the statutory requirements under the Fair Work Act. Specifically, the court had to determine if the notice contained the necessary information to enable employees to make an informed decision about participating in the proposed protected action. This included ensuring the notice sufficiently detailed the nature and potential impact of the industrial action, such as any possible disruption to services and financial implications.

The court held that the ballot notice did not sufficiently inform the employees of the potential consequences of the proposed protected action, thereby failing to comply with the statutory requirements. The notice lacked details on the potential impact on the school’s operations and the possible financial ramifications for both the school and the employees. Consequently, the court found that the notice did not enable the employees to make an informed decision, and the proposed ballot did not comply with the Fair Work Act. The court declared that the proposed ballot was invalid and ordered the union to take necessary steps to rectify the deficiencies in the ballot notice.

Independent Education Union of Australia-Queensland and Northern Territory Branch v The Board of Trustees of the Toowoomba Grammar School T/A Toowoomba Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established