Independent Education Union of Australia v St Peter's Collegiate Girls' School Inc

[2025] FWC 494

[2025] FWC 494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Independent Education Union of Australia
v

St Peter's Collegiate Girls' School Inc

(B2025/264)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 FEBRUARY 2025

Proposed protected action ballot of employees of St Peter's Collegiate Girls' School Inc

1. This is an application by the Independent Education Union of Australia acting through its South Australian Branch (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 St Peter's Collegiate Girls' School Inc (St Peter’s or Employer).

1. On 18 February 2025, the Commission was advised that the Employer did not object to the Application in an amended form following discussion between the parties. The parties communicated a consent position. Accordingly, I have granted leave to amend the application and determined the matter on the papers without conducting a hearing.

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 St Peter’s, 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 12 March 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of four (4) working days applies to the items listed within Clause 5 of the Order. 

1. An Order has been separately issued in PR784506.

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

[1] This is, in effect, 14 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

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