Independent Education Union of Australia v Strathcona Baptist Girls Grammar School Limited Summary

[2025] FWC 1239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Independent Education Union of Australia
v

Strathcona Baptist Girls Grammar School Limited

(B2025/660)

COMMISSIONER TRAN

MELBOURNE, 2 MAY 2025

Application to extend the 30 day period in relation to B2025/420

This matter concerns the declaration of the result of a protected action ballot (PR785095) held in matter B2025/420 and declared on 26 March 2025.

On 23 April 2025, the Independent Education Union of Australia applied under s 459(3) of the Fair Work Act 2009 to extend the 30-day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Strathcona Baptist Girls Grammar School Limited initially advised the Commission that it objected to the application on the grounds that bargaining had substantially progressed and further industrial action would not assist the parties to reach an agreement. I conducted a case management conference on Wednesday 30 May 2025. Following the case management conference and the parties taking agreed steps, the School advised the Commission that it withdrew its objection.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. I grant the extension to 25 May 2025, which is a further 30 days from 25 April 2025 when the initial 30-day period ended.

Order

Under s 459(3) of the Act, I order that period during which industrial action is authorised by the ballot conducted pursuant to the Order of Deputy President Hampton of 12 March 2025 (PR785095), the results of which were declared on 26 March 2025, is extended by a further 30 days to 25 May 2025.

This order will operate on and from 2 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application sought to extend the period beyond its original conclusion on 25 April 2025. The application was in relation to a ballot held in matter B2025/420, the results of which were declared on 26 March 2025. Strathcona Baptist Girls Grammar School Limited initially opposed the application, stating that bargaining had substantially progressed and that further industrial action would not assist in reaching an agreement. However, following a case management conference and subsequent negotiations, the School withdrew its opposition to the application.

The central legal issue before the Commission was whether the application met the statutory requirements under section 459(3) of the Fair Work Act 2009 for an extension of the 30-day period. The Act stipulates that the Commission may extend this period by up to 30 days if the applicant requests an extension and if the period has not previously been extended. The Commission had to determine whether these conditions were satisfied in the present case. The Union argued that it had met all necessary conditions and that the extension was warranted. Strathcona Baptist Girls Grammar School Limited initially argued against the extension but later withdrew its objection.

In rendering its decision, the Commission noted that the application met the statutory conditions for an extension. The Commission observed that the Union had made the application within the prescribed timeframe and that the 30-day period had not been previously extended. The Commission also acknowledged the School's withdrawal of its opposition following the case management conference. Based on these findings, the Commission concluded that the application should be granted. The Commission granted the extension, setting the new end date for the authorised industrial action period as 25 May 2025. This extension would thus run for an additional 30 days from the original expiry date of 25 April 2025.

Under section 459(3) of the Fair Work Act 2009, the Commission ordered that the period during which industrial action is authorised by the ballot in matter B2025/420 is extended by a further 30 days to 25 May 2025. This order took effect on 2 May 2025. The decision ensures that the authorised period for industrial action is extended, allowing the Union to proceed with any planned activities within the new timeframe.

Independent Education Union of Australia v Strathcona Baptist Girls Grammar School Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established