Independent Education Union of Australia v The Roman Catholic Trust Corporation for the Diocese of Rockhampton T/A Diocesan Catholic Education Office

[2012] FWA 7272

[2012] FWA 7272

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Independent Education Union of Australia
v
The Roman Catholic Trust Corporation for the Diocese of Rockhampton T/A Diocesan Catholic Education Office
(B2012/1515)

COMMISSIONER SIMPSON BRISBANE, 24 AUGUST 2012

Proposed protected action ballot by employees of St Patrick’s School - Emerald.

[1] This matter involves an application 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 Rockhampton ( trading as Diocesan Catholic Education Office) (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

[2] The Respondent on 23 August 2012 advised through their representative that they did not oppose the making of this order.

[3] In the circumstances, I have decided to determine the matter 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] I am satisfied that the requirements of the Act including in s.443(1) have been met and that the order must be made. The Order PR528305 will be issued concurrently with this decision.

[6] The Respondent made an application in the course of a 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).

[7] The IEUA adopted the position of leaving that question to the discretion of FWA for determination.

[8] 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.

COMMISSIONER

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