Independent Education Union of Australia v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education Office
[2012] FWA 6472
•31 JULY 2012
[2012] FWA 6472 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Independent Education Union of Australia
v
The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education Office
(B2012/1331), (B2012/1332)
Independent Education Union of Australia
v
The Roman Catholic Trust Corporation for the Diocese of Rockhampton (trading as Diocesan Catholic Education Office)
(B2012/1341)
COMMISSIONER SIMPSON | BRISBANE, 31 JULY 2012 |
Proposed protected action ballot by employees of Queen of Apostles Catholic Primary School Stafford; Mt Maria College Mitchelton; and St Josephs School Mackay - duplicate applications.
[1] On 26 July 2012 I issued two decisions, PR527156 (relating to the Brisbane Catholic Education Office) and PR527164 (relating to the Diocesan Catholic Education Office), granting a number of applications by the IEUA for protected action ballot orders affecting the The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education Office and The Roman Catholic Trust Corporation for the Diocese of Rockhampton (trading as Diocesan Catholic Education Office). It has come to my attention since issuing those decisions that an administrative irregularity has occurred in that three applications referred to in those decisions were duplicate applications (B2012/1331 and B2012/1332 relating to Brisbane and B2012/1341 relating to Rockhampton) hence the three orders issued in relation to those applications were issued in error. By way of background in excess of 230 separate applications for protected action ballot orders have been granted in the last week.
[2] I have consulted the affected parties and received correspondence confirming agreement to my issuing orders to revoke order numbers PR526858, PR526859 and PR526868 on the basis that order numbers PR526818, PR526824 and PR526863 were properly issued in response to those applications. This step will also remove the irregularities for the purposes of the Australian Electoral Commission conducting ballots as required by orders of Fair Work Australia. I have had regard to the Full Bench decision in RotoMetrics Australia Pty Ltd T/A RotoMetrics v AMWU 1 with particular reference to paragraphs 31 and 32. Relying on that decision I am satisfied that it is appropriate in this instance to exercise power under section 602 to correct the irregularity that has occurred in this instance and I intend to do so. Revocation orders will be issued to give effect to this decision.
COMMISSIONER
1 [2011] FWAFB 7214.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR527324>
0
0
0