Independent Education Union of Australia v Roman Catholic Trust Corporation of the Archdiocese of Hobart, Dominic College Glenorchy Limited, Edmund Rice Education Australia Flexible Schools Ltd & Edmund Rice..

[2024] FWC 2060

[2024] FWC 2060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437A - Application for a protected action ballot order

Independent Education Union of Australia
v

Roman Catholic Trust Corporation of the Archdiocese of Hobart, Dominic College Glenorchy Limited, Edmund Rice Education Australia Flexible Schools Ltd & Edmund Rice Education Australia Colleges Ltd

(B2024/972)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 2 AUGUST 2024

Proposed protected action ballots of employees of the Roman Catholic Trust Corporation of The Archdiocese of Hobart and 3 other Tasmanian Catholic education employers.

1. This decision concerns an application by the Independent Education Union of Australia (IEUA or Applicant) made, in effect, under s.437A of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of the employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Fair Work Commission (Commission) on 5 July 2024.[1]

1. The ballot application relates to Tasmanian Catholic Education employers that are authorised to bargain together via the SIEA covering 4 employer respondents. They are as follows (collectively, the Employers):

   ·   Roman Catholic Trust Corporation of the Archdiocese of Hobart T/A Catholic Education Tasmania;

   ·   Dominic College Glenorchy Limited T/A Dominic College;

   ·   Edmund Rice Education Australia Flexible Schools Ltd T/A Edmund Rice Education Australia Flexible Schools and St Francis Hobart Flexible Learning; and

   ·   Edmund Rice Education Australia Colleges Ltd T/A Edmund Rice Education Australia Colleges and St Virgill’s College, Hobart.

1. On 1 August 2024, the Commission was advised that the Employers, in effect, 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 4 declarations of David Brear, General Secretary of the IEUA Victoria Tasmania Branch, setting out the steps taken by the IEUU in bargaining with the Employers 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 ballots are to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots.

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 in each ballot is 15 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

1. An Order for each individual employer as set out in Appendix A.

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 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

Appendix A

Employer	Print Number of Order
Roman Catholic Trust Corporation of The Archdiocese of Hobart T/A Catholic Education Tasmania	PR777794
Dominic College Glenorchy Limited T/A Dominic College	PR777795
Edmund Rice Education Australia Flexible Schools Ltd T/A Edmund Rice Education Australia Flexible Schools and St Francis Hobart Flexible Learning Centre	PR777796
Edmund Rice Education Australia Colleges Ltd T/A Edmund Rice Education Australia Colleges and St Virgill’s College, Hobart	PR777797

[1] [2024] FWC 1746 and PR776685

[2] This is, in effect, 7 calendar days from the anticipated commencement of the ballot and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR777793>