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[2024] FWC 2470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Independent Education Union of Australia

Roman Catholic Trust Corporation of The Archdiocese of Hobart T/A Catholic Education Tasmania and Others

(B2024/1187)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 11 SEPTEMBER 2024

Application to extend the 30 day period in relation to B2024/972.

This matter concerns the declaration of the results of 4 protected action ballots outlined in Annexure A, that were conducted in matter B2024/972 and declared on 20 August 2024.

Each of these protected action ballots relate to Tasmanian Catholic Education employers, listed in Annexure A, that are authorised to bargain together by way of a Single Interest Employer Authorisation[1] (Authorisation) issued by the Fair Work Commission on 5 July 2024 (collectively the Employers).

The Independent Education Union of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days in the case of each ballot.

The Roman Catholic Trust Corporation of The Archdiocese of Hobart trading as Catholic Education Tasmania, which is authorised to act on behalf of each of the Employers, has advised the Commission that it has no objections to the application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that in each case the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the relevant ballot and are employed by the Employers be extended by a further 30 days.

This order will operate on and from 11 September 2024.

DEPUTY PRESIDENT

Annexure A

Employer name on the relevant application	Original PABO print number
Roman Catholic Trust Corporation of The Archdiocese of Hobart	PR777794
Dominic College Glenorchy Limited	PR777795
Edmund Rice Education Australia Flexible Schools Ltd	PR777796
Edmund Rice Education Australia Colleges Ltd	PR777797

[1] [2024] FWC 1746 and PR776685.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for an extension to the 30-day period for taking industrial action, as authorised by a protected action ballot. The protected action ballots were conducted in relation to the Tasmanian Catholic Education employers listed in Annexure A, authorised to bargain together by a Single Interest Employer Authorisation issued by the Fair Work Commission on 5 July 2024. The employers, represented by the Roman Catholic Trust Corporation of The Archdiocese of Hobart trading as Catholic Education Tasmania, did not oppose the application. The Union's application was pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. The Union argued that all conditions had been satisfied and that the period should be extended by a further 30 days for each ballot.

The Commission considered whether the Union's application met the statutory requirements for an extension under section 459(3) of the Act. The Union had applied for an extension before the 30-day period had expired, and the period had not previously been extended. The employers did not object to the application. The Commission was satisfied that the Union had met the requirements of the Act and that the application should be granted. The 30-day period for the commencement of protected industrial action for eligible employees who were subject to the relevant ballot and employed by the employers was extended by a further 30 days.

The Commission ordered, pursuant to section 459(3) of the Act, that in each case the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the relevant ballot and employed by the employers be extended by a further 30 days. This order would operate from 11 September 2024. The protected action ballots in question related to the employers listed in Annexure A of the decision. The decision was made by Deputy President Hampton on 11 September 2024.

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