Application by Independent Education Union of Australia (130N)
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 Catholic Church Endowment Society Incorporated, operating as Cardijn College, a school managed by Catholic Education SA. Catholic Education SA is subject to a Single Interest Employer Authorisation (SIEA) for a proposed multi-enterprise agreement. The IEUA has made similar applications for other employers under the same SIEA. the Respondent did not object to the application, but previously reserved its position on the ballot scope and questions.
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 August 27, 2026. A separate order (PR813254) has been issued. A compulsory conciliation conference will be held to facilitate negotiations for the proposed enterprise agreement, with directions likely to ensure meaningful engagement.
What it means for employers
Employers covered by Single Interest Employer Authorisations should be aware of the potential for union applications for protected action ballots, particularly during enterprise bargaining negotiations. Reserving positions on ballot scope and questions, as Catholic Education SA did, may not prevent a ballot order but could influence its parameters.
What it means for employees
Employees covered by the proposed enterprise agreement may have the opportunity to vote in a protected action ballot. This allows them to take protected industrial action to advance their bargaining position.
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