Independent Education Union of Australia v NECA Education & Careers T/A NECA E & C

[2024] FWC 585

[2024] FWC 585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Independent Education Union of Australia
v

NECA Education & Careers T/A NECA E & C

(B2024/181)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 MARCH 2024

Proposed protected action ballot of employees of NECA Education & Careers

1. This is an application by the Independent Education Union of Australia (IEUA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of NECA Education & Careers T/A NECA E & C (NECA or Employer).

1. On 5 March 2024, the Commission was advised, in effect, that NECA did not object to 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 declaration of Mr James Rankin, Union Organiser of the IEUA, setting out the steps taken by the IEUA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 22 April 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Several ballot questions were adjusted following consultation with the parties.

1. An order has been separately issued in PR772061.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

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