Application by Independent Education Union of Australia (130N)
Citation: [2026] FWC 2730
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 relates to employees of Mercy Education Limited T/A St Aloysius College. The IEUA stated they have been genuinely trying to reach an agreement with the employer through bargaining. Mercy Education Limited did not object to the 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, which is an approved ballot agent. Voting must close by August 4, 2026. A compulsory conciliation conference will be held to facilitate negotiations regarding the proposed enterprise agreement. Another Commission Member will manage this conference.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to union 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. This process allows employees to express their views and influence the terms of their employment conditions.
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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 →