Independent Education Union of Australia v Islamic Practice and Dawah Circle Inc T/A Islamic School of Canberra

[2020] FWC 1492

[2020] FWC 1492

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
v
Islamic Practice and Dawah Circle Inc T/A Islamic School of Canberra
(B2020/171)

DEPUTY PRESIDENT KOVACIC CANBERRA, 20 MARCH 2020

Proposed protected action ballot of employees of Islamic School of Canberra.

[1] This is an application by the Independent Education Union of Australia (130N) (the IEU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of the Islamic Practice and Dawah Circle Inc T/A Islamic School of Canberra (the Employer).

[2] The Fair Work Commission (the Commission) listed the application for conference and hearing on 19 March 2020 by telephone. Mr Arthur Dowdle appeared for the IEU and Ms Emily Shoemark appeared with permission for the Employer. The matter was listed for hearing in circumstances where the Respondent objected to the application on two grounds, i.e. the Applicant was not genuinely trying to reach agreement and one of the questions proposed to be put to employees did not relate to industrial action. At the conference, the Respondent advised that following discussions with the IEU earlier that day it no longer pressed the latter objection. Following further discussions, the Respondent also advised that it no longer pressed its remaining objection to the application.

[3] Against that background, having regard to the material before the Commission, including the statutory declaration of Ms Lyn Caton, and Organiser with the IEU, setting out the steps taken by the IEU in an effort to negotiate an enterprise agreement with the Employer and that the IEU has been, and is, genuinely trying to reach agreement with the Employer, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements of s.443(1) of the Act have been met.

[4] An Order has been separately issued in PR717654

Appearances:

A. Dowdle for the Independent Education Union of Australia.
E. Shoemark for the Respondent.

Telephone Hearing details:

Canberra
2020
19 March.

Printed by authority of the Commonwealth Government Printer

<PR717653>