Independent Education Union of Australia v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A the Diocese of Maitland-Newcastle Catholic Schools Office

[2019] FWC 7052

[2019] FWC 7052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Independent Education Union of Australia
v
Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A the Diocese of Maitland-Newcastle Catholic Schools Office
(B2019/1169)

VICE PRESIDENT CATANZARITI SYDNEY, 11 OCTOBER 2019

Proposed protected action ballot of employees of Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A the Diocese of Maitland-Newcastle Catholic Schools Office.

[1] 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 Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A the Diocese of Maitland-Newcastle Catholic Schools Office (Respondent).

[2] On 11 October 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Carol Matthews of the Applicant declared on 9 October 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[5] An Order has been separately issued in PR713260.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR713261>