Independent Education Union of Australia v Trustees of the Roman Catholic Church for the Diocese of Bathurst Trustees of the Roman Catholic Church for the Diocese of Broken Bay the Trustees of the Roman Catholic..

[2022] FWC 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Independent Education Union of Australia

Trustees of the Roman Catholic Church for the Diocese of Bathurst
Trustees of the Roman Catholic Church for the Diocese of Broken Bay
The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn
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
Trustees of the Roman Catholic Church as Trustees for Wollongong Diocese Catholic Schools System

(B2022/564)

VICE PRESIDENT CATANZARITI

SYDNEY, 15 JUNE 2022

Proposed protected action ballot of employees of the Trustees of the Roman Catholic Church for the Diocese of Bathurst; Trustees of the Roman Catholic Church for the Diocese of Broken Bay; The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn; 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; and Trustees of the Roman Catholic Church as Trustees for Wollongong Diocese Catholic Schools System.

This is an application by the Independent Education Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of each of the Respondents listed in Schedule A to the Order (Respondents).

On 14 June 2022, the Fair Work Commission was advised that the Respondents did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Carol Matthews of the Applicant declared on 10 June 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR742636.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought a protected action ballot order against several Catholic education entities. The respondents, including the Trustees of various dioceses and schools, did not oppose the application. The matter was brought before the Fair Work Commission under section 437 of the Fair Work Act 2009, with the union asserting that it had been genuinely trying to reach an agreement with the respondents and had met the notification requirements stipulated in section 443(1) of the Act.

The legal issues before the Commission involved determining whether the union had satisfied the conditions necessary to proceed with a ballot for protected action. These conditions included proving that the union had genuinely attempted to reach an agreement with the employers and that it had complied with the notification requirements. Given the respondents' lack of opposition and the union's submission, the Commission needed to verify if the union's actions and filings met the statutory criteria.

The Vice President found that the union had provided sufficient evidence through a statutory declaration by Carol Matthews, demonstrating that it had been genuinely attempting to negotiate and had fulfilled the notification time required by the Act. The Commission determined that the union had met the statutory requirements, and therefore, the application was successful. The Commission issued an order allowing the union to proceed with the ballot.

The Fair Work Commission granted the application, allowing the Independent Education Union of Australia to proceed with the ballot for protected action. This decision was based on the union's demonstration of genuine negotiation efforts and compliance with the notification requirements. The Commission's decision was made on the papers, without the need for a hearing, due to the respondents' lack of opposition and the union's compliance with the statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established