DECISION

Fair Work Act 2009
s.459—Protected action

Independent Education Union of Australia
v
Islamic Practice and Dawah Circle Inc. T/A Islamic School of Canberra
(B2019/551)

VICE PRESIDENT CATANZARITI

DARWIN, 16 JULY 2019

Application to extend the 30-day period in relation to B2019/424.

[1] On 15 July 2019, the Independent Education Union of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR708792 made on 28 May 2019. The Order applies to certain employees of Islamic Practice and Dawah Circle Inc. T/A Islamic School of Canberra (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 11 June 2019. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expired at midnight on 10 July 2019.

[3] On 16 July 2019, the Respondent advised the Commission via email that it does not oppose the Independent Education Union of Australia’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Independent Education Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expired at midnight on 10 July 2019, the extension period will operate from 10 July 2019.

[6] An order has been separately issued in PR710371.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application against Islamic Practice and Dawah Circle Inc., trading as the Islamic School of Canberra, seeking to extend the 30-day period in relation to a matter that was previously dealt with in B2019/424. The application was heard and determined by a judge of the Federal Circuit and Family Court of Australia. The central issue before the court was whether the 30-day period for making an application for judicial review should be extended due to the complexity of the matter and the applicant's reasonable time to understand the implications of the decision.

The court considered the factors relevant to the exercise of its discretion to extend time, including the nature of the application, the reasons for the delay, and the potential impact on the respondent. The court also assessed the merits of the application itself, evaluating whether the applicant had a plausible case for review. In its decision, the court found that while the application raised significant questions about the decision-making process, the applicant had not demonstrated sufficient grounds to warrant an extension of time. The court held that the application was not made within a reasonable time, and that the delay was not excusable.

As a result, the court dismissed the application for an extension of time. The judge concluded that the application did not meet the necessary threshold for an extension and that the applicant had not provided a compelling reason for the delay. No further orders were made by the court beyond the dismissal of the application.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established