Independent Education Union of Australia v The Corporation of Trustees of the Roman Archdiocese of Brisbane T/A Brisbane Catholic Education Office

[2023] FWC 2030

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

The Corporation of Trustees of the Roman Archdiocese of Brisbane T/A Brisbane Catholic Education Office

(B2023/836)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2023

Application to extend the 30 day period in relation to B2023/618

This matter concerns the declaration of the result of a protected action ballot (PR763444) held in matter B2023/618 and declared on 22 June 2023.

The Independent Education Union of Australia (IEU or Applicant) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) 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 made by the IEU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Corporation of Trustees of the Roman Archdiocese of Brisbane T/A Brisbane Catholic Education Office (Brisbane Catholic Education Office) has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible IEU members employed by Brisbane Catholic Education Office extended by a further 30 days.

This order will operate on and from 15 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia has applied to the Fair Work Commission for an extension of the period during which industrial action may be taken by its members employed by the Corporation of Trustees of the Roman Archdiocese of Brisbane. This matter stems from a protected action ballot declared on 22 June 2023, concerning the employment of teachers and staff by Brisbane Catholic Education Office. The applicant seeks an extension of the 30-day period, as allowed by section 459(3) of the Fair Work Act 2009, which permits such an extension if certain conditions are met. The respondent, Brisbane Catholic Education Office, has not objected to the application.

The central legal issue before the Commission was whether the conditions specified in section 459(3) of the Act were satisfied, thereby warranting an extension of the period for protected industrial action. The applicant argued that all conditions were fulfilled, including that the 30-day period had not been previously extended. The Commission had to determine whether these conditions were met and, if so, whether the application should be granted.

The Commission found that the applicant had met the statutory requirements for extending the 30-day period. The Commission noted that the respondent had not raised any objections to the application. The Commission concluded that the conditions outlined in section 459(3) of the Act were satisfied, and thus, the application for an extension was approved. The Commission ordered that the period for commencing protected industrial action be extended by an additional 30 days, effective from 15 August 2023.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established