Independent Education Union of Australia v The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Education Services Cairns
[2012] FWA 6353
•26 JULY 2012
[2012] FWA 6353 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Independent Education Union of Australia
v
The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Education Services Cairns
(B2012/1347), (B2012/1349), (B2012/1351), (B2012/1353), (B2012/1355), (B2012/1372), (B2012/1373), (B2012/1374), (B2012/1375), (B2012/1376), (B2012/1378), (B2012/1381), (B2012/1393)
COMMISSIONER SIMPSON | BRISBANE, 26 JULY 2012 |
Proposed protected action ballot by employees of The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Education Services Cairns
[1] This matter involves multiple applications by the Independent Education Union of Australia (IEUA) for protected action ballot orders in relation to employees of The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Education Services Cairns (the Respondent). I intend to deal with these applications at the same time in accordance with s.442(a)(i) as they relate to industrial action by employees of the same employer. The applications are made pursuant to s.437 of the Fair Work Act 2009 (the Act). The applications were lodged on 23 July 2012.
[2] The Respondent on 24 July 2012 advised through their representative that they did not oppose the making of these orders.
[3] In the circumstances, I have decided to determine these matters on the papers.
[4] Section 443 (1) of the Act states:
“(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:
(a) an application has been made under section 437; and
(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.”
[5] The IEUA has provided an affidavit of Dr Paul Giles addressing those matters in s.443 (1) of the Act.
[6] I am satisfied that the requirements of the Act including in s.443(1) have been met and that the orders must be made. The Orders; PR526874, PR526876, PR526878, PR526880, PR526882, PR526899, PR526900, PR526901, PR526902, PR526903, PR526905, PR526908, PR527070 will be issued concurrently with this decision.
[7] The Respondent made an application in the course of the hearing at Fair Work Australia (FWA) on 24 July 2012 of separate protected action ballot applications brought by the IEUA and affecting the Respondent for the inclusion in those orders of a requirement pursuant to s.443(5) that the period of written notice prior to taking the action specified in the ballot questions should be 7 days rather than the standard requirement for 3 days notice as specified in s.414(1).
[8] The IEUA adopted the position of leaving that question to the discretion of FWA for determination. Both the IEUA and the Respondent requested that FWA regard their respective submissions for the purpose of the matters heard and determined on 24 July 2012 to also be regarded as their respective positions for the purposes of these applications. I have agreed to that approach.
[9] In my determination of the prior applications on 24 July 2012 I specified 5 working days as the period of written notice of industrial action and gave my reason for doing so. I adopt the reasons given in those matters to also specify 5 working days as the period of written notice of industrial action in these matters.
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