Application by Independent Education Union of Australia (130N)
Citation: [2026] FWC 2525
What happened
The Independent Education Union of Australia (IEUA) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application concerned employees of Edmund Rice Education Australia Colleges Ltd working at Christian Brothers College Adelaide, Rostrevor College Adelaide, and St Paul’s College Adelaide. The IEUA stated they had been genuinely trying to reach an agreement with EREA through bargaining. The employer effectively did not object to the amended application.
What was decided
The Fair Work Commission granted the IEUA's application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 22 July 2026. A separate order was issued (PR811752) to assign a Member of the Commission to conduct compulsory conciliation conference for the proposed enterprise agreement.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and document those efforts. Failure to do so could lead to applications for protected action ballots, potentially disrupting operations and increasing costs associated with negotiations.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms of employment and potentially influence outcomes through collective bargaining.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →