Application by Independent Education Union of Australia (130N)
Citation: [2026] FWC 2690
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. This application relates to employees of St Columba College Munno Para Incorporated. The IEUA and St Columba College have been bargaining, but haven't reached an agreement. St Columba College did not object to the amended application which clarified inconsistencies and set a ballot closure date.
What was decided
The Fair Work Commission granted leave to amend the application and determined the matter on the papers. The IEUA satisfied the requirements of section 443(1) of the Act, demonstrating genuine attempts at agreement with St Columba College. A protected action ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting closes on July 31, 2026, which is ten working days from the order's making. A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and address inconsistencies promptly when negotiating enterprise agreements. Failure to do so can lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot if negotiations stall. This process allows employees to express their views and potentially escalate industrial action.
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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 →