Independent Education Union of Australia v Summary

[2022] FWC 883

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 Armidale

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

The Trustees of the Roman Catholic Church for the Diocese of Lismore

Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese of Maitland-Newcastle Catholic Schools Office

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

(B2022/303)

VICE PRESIDENT CATANZARITI

SYDNEY, 14 APRIL 2022

Proposed protected action ballot of employees of the Trustees of the Roman Catholic Church for the Diocese of Armidale; 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; The Trustees of the Roman Catholic Church for the Diocese of Lismore; Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese of Maitland-Newcastle Catholic Schools Office; 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 (Respondent).

On 13 April 2022, the Fair Work Commission was advised that the Respondent 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 11 April 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 PR740426.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to employees of various Catholic Church entities. These entities included the Trustees of the Roman Catholic Church for several dioceses and Catholic schools, among others. The FWC Vice President Catanzariti heard the matter on 14 April 2022, with the respondents not opposing the application. The FWC was satisfied that the union had genuinely attempted to reach an agreement with the respondents and that the notification time for the proposed agreement had been met, based on the material presented, including the statutory declaration of Carol Matthews.

The legal issues before the FWC were whether the union had met the requirements of section 437 of the Act, which allows for a protected action ballot order to be made if certain conditions are satisfied. Specifically, the FWC needed to determine if the union had genuinely tried to reach an agreement with the respondents and if the notification time for the proposed agreement had been met. The union's application was based on the assertion that it had been genuinely attempting to reach an agreement with the respondents and that the necessary notification period had elapsed.

The FWC Vice President Catanzariti found that the union had genuinely tried to reach an agreement with the respondents and that the notification time for the proposed agreement had been met. The FWC was satisfied with the material presented, including the statutory declaration of Carol Matthews, which outlined the union's efforts to negotiate with the respondents. As a result, the FWC determined that the requirements of section 437 of the Act were met, and it issued a protected action ballot order. The FWC separately issued an order in PR740426.

The FWC's decision was based on the material presented to it, including the union's statutory declaration, which demonstrated that the union had genuinely attempted to reach an agreement with the respondents and that the notification time for the proposed agreement had been met. The FWC issued a protected action ballot order, allowing the union to proceed with the proposed industrial action.

Independent Education Union of Australia v

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established