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

[2023] FWC 2038

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 Townsville T/A Townsville Catholic Education Office

(B2023/842)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 AUGUST 2023

Application to extend the 30 day period in relation to B2023/617

This matter concerns the declaration of the result of a protected action ballot (PR763442) held in matter B2023/617 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 Townsville T/A Townsville Catholic Education Office (Townsville 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 Townsville 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 to extend the 30-day period for the commencement of industrial action against the Roman Catholic Trust Corporation for the Diocese of Townsville T/A Townsville Catholic Education Office. The application was made under section 459(3) of the Fair Work Act 2009, which allows the Commission to extend the 30-day period if certain conditions are met. The relevant protected action ballot, PR763442, was declared on 20 July 2023, and the union argues that the period should be extended by a further 30 days. The Townsville Catholic Education Office has not objected to the application.

The legal issue before the Deputy President was whether the requirements for extending the 30-day period had been met. The applicant must have applied for the extension, and the period must not have been previously extended. The Deputy President found that both conditions were satisfied. The union had made the application, and the period had not been extended before. The Deputy President was satisfied that the application should be granted, and accordingly, the 30-day period for the commencement of protected industrial action was extended by a further 30 days.

The decision of the Fair Work Commission was that the 30-day period for the commencement of industrial action against the Townsville Catholic Education Office would be extended by a further 30 days, commencing on 15 August 2023. The decision was made pursuant to section 459(3) of the Fair Work Act 2009, and the order would operate from that date. The Townsville Catholic Education Office had not objected to the application, and the Deputy President was satisfied that the requirements for extending the period had been met. The extension of the period will allow the union to take further steps in the industrial action process.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established