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

CaseChat Overview and Summary

The Independent Education Union of Australia brought a case against the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A the Diocese of Maitland-Newcastle Catholic Schools Office. The union sought a declaration that its proposed industrial action, which included a protected action ballot, was lawful and would not result in contravention of any statute or common law. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the union's proposed industrial action, specifically the ballot, was lawful. This required the court to interpret the relevant provisions of the Education Act 1990 (NSW) and the common law principles relating to industrial action in the educational sector. The court had to determine if the proposed ballot was compatible with these legal frameworks.

The court found that the union's proposed ballot was indeed lawful. It concluded that the union's actions were consistent with the legislative provisions and did not contravene any statutory or common law principles. The court emphasised the importance of maintaining the balance between the rights of employers and employees in the educational sector, while ensuring that lawful industrial action could proceed without undue interference. The union's right to organise and participate in lawful industrial action was upheld.

The court made a declaration that the union's proposed protected action ballot was lawful, and no declaration was made regarding contravention of any statute or common law. This outcome provided clarity and certainty for both the union and the employers regarding the legality of the proposed industrial 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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established