Application by Independent Education Union of Australia (130N)
Citation: [2026] FWC 3028
At a glance
- Employees affected
- 200
What happened
The Independent Education Union of Australia (IEUA) applied to the Fair Work Commission for a protected action ballot order (PABO) regarding employees of Islamic College of Brisbane Limited Trading As Islamic College of Brisbane. The respondent initially raised several objections, including concerns about attempts to reach an agreement and student safety. However, they later withdrew most objections, focusing on the form of the questions and potential risks to student welfare if industrial action occurred. The IEUA stated it has approximately 55 members, while the respondent employs around 170 full-time staff and 200 total staff including casuals.
What was decided
The Fair Work Commission approved the PABO application from the IEUA. The Commissioner found that the IEUA had genuinely attempted to reach an agreement with Islamic College of Brisbane. Concerns raised by the respondent regarding student safety are matters for consideration if protected industrial action is taken later. The ballot must close by August 25, 2026 and will be conducted by Fair Vote Services Pty Ltd. A conference under s.448A of the Act will follow.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and document those efforts. They also need to clearly articulate any safety concerns related to proposed industrial action, providing supporting evidence if possible. Failure to do so can lead to a PABO being granted despite objections.
What it means for employees
Employees represented by the IEUA may now have the opportunity to vote in a protected action ballot. This could potentially lead to industrial action if members support it. The union has demonstrated they are genuinely trying to reach an agreement with their employer.
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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 →