Independent Education Union of Australia v Portside Christian College Inc T/A Portside Christian College

[2025] FWC 374

[2025] FWC 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Independent Education Union of Australia
v

Portside Christian College Inc T/A Portside Christian College

(B2025/216)

COMMISSIONER PLATT ADELAIDE, 10 FEBRUARY 2025

Proposed protected action ballot of employees of Portside Christian College Inc Trading As Portside Christian College

1. This is an application by the Independent Education Union of Australia (IEU 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 Portside Christian College Inc (Portside Christian College or Employer).

1. On 7 February 2025, the Commission was advised that the Respondent objected to a written notice period of 3 working days for the purposes of taking protected industrial action.

1. At 9:00am (SA) Monday, 10 February 2025 I conciliated the matter. Mr Seals represented the Applicant, Ms Sexton represented the Respondent. The Respondent advised it withdrew its objection with respect to the notice period. I also expressed concerns with 3 questions to be put to vote on the basis they may not constitute industrial action. The questions were amended. Both parties advised that they did not object to a Consent Order being made in the terms proposed.

1. On the basis of the material before me, including the declaration of Robert Seals, Industrial Officer, setting out the steps taken by the IEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Portside Christian College, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 25 February 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR784161.

1. This matter will be assigned to a 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 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.

COMMISSIONER

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