Independent Education Union of Australia v Board of the Launceston Church of England Grammar School

[2020] FWC 1245

[2020] FWC 1245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Independent Education Union of Australia
v
Board of the Launceston Church of England Grammar School

(B2020/115)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 MARCH 2020

Proposed protected action ballot of employees of the Board of the Launceston Church of England Grammar School.

[1] This is an application by the Independent Education Union of Australia (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 the Launceston Church of England Grammar School (Respondent).

[2] On 3 March 2020 the Respondent filed a statutory declaration in support of its application for an extended notice period in accordance with s.443(5) of the Act. I was not persuaded that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days. The Respondent was advised of my view and was asked whether it wanted to press the issue further. On 6 March 2020 the Respondent advised my Associate that it was not seeking a hearing in relation to this matter and did not intend to file any further material.

[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 Mr D Brear 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. I am not persuaded based on the material set out in the statutory declaration of Ms P Maher that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days.

[5] An order has been separately issued in PR717318.

DEPUTY PRESIDENT

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