Independent Education Union of Australia v

[2022] FWC 883

[2022] FWC 883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Independent Education Union of Australia
v

Trustees of the Roman Catholic Church for the Diocese of Armidale

Trustees of the Roman Catholic Church for the Diocese of Bathurst

Trustees of the Roman Catholic Church for the Diocese of Broken Bay

The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn

The Trustees of the Roman Catholic Church for the Diocese of Lismore

Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese of Maitland-Newcastle Catholic Schools Office

Sydney Catholic Schools Ltd

the Catholic Education Office, Diocese of Parramatta

Trustees of the Roman Catholic Church for The Diocese of Wagga Wagga

The Trustees of the Roman Catholic Church for The Diocese of Wilcannia-Forbes

Trustees of the Roman Catholic Church as Trustees for Wollongong Diocese Catholic Schools System

(B2022/303)

VICE PRESIDENT CATANZARITI SYDNEY, 14 APRIL 2022

Proposed protected action ballot of employees of the Trustees of the Roman Catholic Church for the Diocese of Armidale; Trustees of the Roman Catholic Church for the Diocese of Bathurst; Trustees of the Roman Catholic Church for the Diocese of Broken Bay; The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn; The Trustees of the Roman Catholic Church for the Diocese of Lismore; Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese of Maitland-Newcastle Catholic Schools Office; Sydney Catholic Schools Ltd; the Catholic Education Office, Diocese of Parramatta; Trustees of the Roman Catholic Church for The Diocese of Wagga Wagga; The Trustees of the Roman Catholic Church for The Diocese of Wilcannia-Forbes; and Trustees of the Roman Catholic Church as Trustees for Wollongong Diocese Catholic Schools System.

1. This is an application by the Independent Education Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of each of the Respondents listed in Schedule A to the Order (Respondent).

1. On 13 April 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Carol Matthews of the Applicant declared on 11 April 2022, 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.

1. An Order has been separately issued in PR740426.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR740427>