The three possible bargaining pathways for Victorian Catholic schools

Why does it matter that Catholic employers won’t apply for a Single Interest Authorisation? Why should we be very wary of commencing “cooperative” bargaining?

The so-called “cooperative” model supported by Catholic employers refers to how employers work together – it's a convenient term that lets employers off the hook and undermines the bargaining power of staff.

The IEU is not being ‘uncooperative’ by opposing this form of bargaining; it is merely rejecting a process that disempowers employees. In previous bargaining rounds, disorganised employers have delayed the process for months, and employees have had had very limited power to pressure them for a fair and timely outcome.

That’s the “business as usual” approach they want to continue - and we know that from experience that this simply doesn’t work.

If we agree to commence bargaining with a group of employees without a Single Interest Authorisation (SIA), employees in Victorian Catholic education will lose access to key rights that other workers (including our colleagues in Catholic education around the country) use to effectively campaign for fair pay and conditions when negotiating.

If employers genuinely wanted timely bargaining, they could agree to negotiate as a single interest  ̶  something any fair-minded observer would say applies to a group of Catholic employers negotiating as one. That would give employees the same legal protections as others across Australia: the internationally acknowledge fundamental right to take protected industrial action and the ability to seek good faith bargaining orders from the Fair Work Commission (FWC).

The IEU has twice asked employers to apply for an SIA. Twice they’ve refused. That refusal says more about their desire to limit staff rights than to resolve bargaining efficiently.

The IEU’s approach

The IEU is focused on starting bargaining as early as possible while protecting members’ rights. In Term 3, we will finalise our Log of Claims through our internal democratic processes. From there, the next steps depend on employer choices.

There are three possible paths:

Pathway 1: Employers agree to Single Interest bargaining

• Employers voluntarily apply to the FWC to bargain as a single interest (with union consent)

• Bargaining could begin in Term 3 this year.

• Employees would have access to key bargaining rights:

• protected industrial action

• good faith bargaining orders

• full campaign protections.

This is the fairest and most efficient path, ensuring the best outcome for members, with minimal legal friction, early negotiations, and full access to industrial tools.

Despite this, employers have rejected it twice. We’ve started a public petition to demonstrate that staff in Victorian Catholic education know that this is simply not good enough.

Pathway 2: ‘Cooperative’ bargaining without a Single Interest Agreement

• Employers refuse to negotiate as a single interest

• Workers are denied essential bargaining rights:

• the right to apply for and take protected industrial action

• the right to seek Good Faith Bargaining Orders or Fair Work Commission assistance if negotiations break down

• Employers face little pressure to act fairly or quickly.

Unlike employers, who could make an application now, the IEU can only be granted an SIA after the current Agreement expires in December. If we agree to enter into ‘cooperative’ bargaining in the meantime, employers could use this fact to oppose our application, potentially causing delays well into 2026.

This path weakens employees’ bargaining power and risks leaving members unprotected at a critical time.

Pathway 3: IEU applies for Single Interest Authorisation after rejecting ‘cooperative’ model

• The IEU rejects the cooperative model and applies for a SIA after the expiry of the current Agreement in December

• This requires:

• majority support at each of the 30+ employers

• a formal FWC application and approval.

• It offers full access to protected industrial action, good faith bargaining orders and campaign rights

If we find ourselves in this pathway, it means that employers will have unnecessarily delayed the commencement of bargaining, and that much of the remainder of 2025 will need to be spent collecting evidence that the majority of staff in Victorian Catholic education want the same bargaining rights as other workers. This will be logistically demanding and push back our negotiations - but if it’s required to secure the bargaining rights of our members then the IEU is ready and up for the challenge.

This is entirely avoidable - but only if employers make the right decision now, to apply for a SIA.

Support our petition here to tell them to do so!

If Catholic employers truly supported a collaborative style of bargaining, they would have already agreed to a SIA. Their refusal signals a preference for control over fairness. The IEU will keep advocating for a balanced, timely approach, but is ready to escalate our campaign if needed to protect members' rights.