DECISION

Fair Work Act 2009
s.437—Protected action

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

(B2020/116)

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 PR717321.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia initiated proceedings against the Board of the Launceston Church of England Grammar School. The Union sought to hold a protected action ballot among the employees of the Board, which the Board opposed. The Federal Court of Australia was tasked with determining whether the Union had the right to hold such a ballot.

The central legal issues before the court were whether the Union had standing to call for a ballot and whether the employees of the Board were covered by the provisions of the Fair Work Act 2009 (Cth). The court needed to clarify the scope of 'employee' and the rights afforded to those in the educational sector under industrial laws.

The court examined the relevant statutory provisions and found that the employees of the Board were indeed covered by the Fair Work Act. The court held that the Union had standing to call for a ballot as they represented the employees in question. The court emphasised the importance of the collective bargaining rights of employees within the educational sector, ensuring they are not disadvantaged compared to employees in other sectors. The decision underscored the necessity of adhering to the provisions of the Fair Work Act in protecting the rights of employees.

The court ruled in favour of the Union, granting them the right to hold a protected action ballot. The Board was directed to facilitate the ballot process in accordance with the provisions of the Fair Work Act. The Union's right to organise and advocate for its members was upheld, ensuring that the employees of the Board could exercise their industrial rights without undue hindrance.

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