Independent Education Union of Australia v Trustees of the Roman Catholic Church for the Diocese of Armidale Trustees of the Roman Catholic Church for the Diocese of Bathurst Diocese of Lismore Catholic Schools..

[2022] FWC 2803

[2022] FWC 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Independent Education Union of Australia

v

Trustees of the Roman Catholic Church for the Diocese of Armidale
Trustees of the Roman Catholic Church for the Diocese of Bathurst
Diocese of Lismore Catholic Schools Limited
Sydney Catholic Schools Ltd
the Catholic Education Office, Diocese of Parramatta
Trustees of the Roman Catholic Church for The Diocese of Wagga Wagga
The Trustees of the Roman Catholic Church for The Diocese of Wilcannia-Forbes

(B2022/1561)

VICE PRESIDENT CATANZARITI SYDNEY, 18 OCTOBER 2022

Application to extend the 30 day period in relation to B2022/1306

1. On 14 October 2022, the Independent Education Union of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR745430 made on 2 September 2022. The Order applies to certain employees of each of the Respondents listed in Schedule A to the Order (the Respondents).

1. The ballot results, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, were declared on 19 September 2022. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 18 October 2022.

1. On 17 October 2022, the Respondents advised the Commission via email that they do not oppose the Independent Education Union of Australia’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

1. In addressing s.459(3) of the Act, this application is made by the Independent Education Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

1. On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 18 October 2022, the extension period will operate from 18 October 2022.

1. An order has been separately issued in PR746969.

VICE PRESIDENT

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