Independent Education Union of Australia v The Roman Catholic Trust Corporation for the Diocese of Cairns

[2023] FWC 2039

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 Roman Catholic Trust Corporation for the Diocese of Cairns

(B2023/843)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2023

Application to extend the 30 day period in relation to B2023/620.

This matter concerns the declaration of the result of a protected action ballot (PR763448) held in matter B2023/620 and declared on 20 July 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 Roman Catholic Trust Corporation for the Diocese of Cairns (Diocese of Cairns) 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 Diocese of Cairns 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 (IEU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period in which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009. The application was in relation to matter B2023/620, in which the IEU had held a protected action ballot (PR763448) that was declared on 20 July 2023. The Roman Catholic Trust Corporation for the Diocese of Cairns did not object to the application.

The court was required to determine whether the requirements of section 459(3) of the Act had been met, and if so, whether the 30-day period should be extended by a further 30 days. The relevant requirements were that an application had been made to the FWC for the period to be extended, and that the period had not previously been extended. The court found that the IEU had met these requirements.

The Deputy President of the FWC concluded that the application should be granted and the 30-day period extended by a further 30 days. The order extended the period for the commencement of protected industrial action for eligible IEU members employed by the Diocese of Cairns and was to operate from 15 August 2023. The court made this order on the basis that the requirements of section 459(3) of the Act had been met and that there was no objection from the Diocese of Cairns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established