IEU hits back at union-busting tactics from Victorian Catholic employers
The IEU has formally written to the Victorian Catholic Education Authority (VCEA), warning that Catholic school employers are breaking the Fair Work Act by obstructing the rights of Sub-Branch Reps.
Reps have a clear right under the Fair Work Act to communicate with colleagues about pay and conditions. The IEU has demanded VCEA fix this immediately – or face Federal Court action.
Reps have been using new delegate’s rights laws to inform staff about the union’s campaign for a Single Interest Authorisation (SIA). To be granted by the Fair Work Commission, an SIA requires support at every employer for whom we apply from a majority of staff, not just union members. Employers have been incorrectly advising Reps that they need to seek permission for such communications. Others have outright blocked them from doing so.
IEU speaks out
IEU General Secretary David Brear says the hard work of members in campaigning for an SIA is having an impact on employers.
“This is why they are now rushing out a purported “offer” to which it will be crucial for staff to say ‘NO’.
“It is also why the VCEA and employers have been targeting IEU Sub-Branch Reps using inaccurate advice on their rights – a blatant attempt at union-busting never seen before in our sector.
“We’ve now sent employers a legal letter putting them on notice that the IEU will not tolerate their unlawful attempts to prevent Reps from exercising their lawful workplace delegate rights, including reasonable communication with IEU members and all other staff eligible to be IEU members.”
David urged any Reps who had been questioned or challenged on their activities as a Rep, to immediately contact the IEU’s Member Services Unit “so that we can respond to your employer on your behalf and tell them to back off”.
IEU letter to VCEA (13 October 2025) Key issues raised:
Reps have been blocked from using all-staff email groups to communicate about industrial matters, or have been told they need “permission” to do so.
Official VCEA and employer communications (including from MACS and DOBCEL) misrepresent delegates’ rights, wrongly suggesting they can only “request” access rather than having a clear legal entitlement.
These actions have hindered, obstructed and prevented Reps from exercising their lawful rights to communicate with members and staff eligible to be members, and to access workplace facilities including email.
Employers themselves are regularly using all-staff emails to push their own views, creating an unfair and anti-democratic situation.
IEU position:
Such conduct contravenes sections 345 and 350A of the Fair Work Act, potentially exposing employers to civil penalties.
Delegates have a protected right to reasonable communication and access to facilities like email under section 350C.
Knowingly or recklessly misleading staff about these rights is unlawful.
Demands from the IEU (by 15 October 2025):
Immediate restoration of delegates’ rights to email all members and staff eligible to be members, including via all-staff lists.
Employers must stop blocking or challenging delegate communications.
Employers must stop misrepresenting delegate rights including in official documents.
Specific schools (including Caroline Chisholm College, Loreto Ballarat, and Monivae College) must remove restrictions and allow emails without “permission.”
Written undertakings from the VCEA confirming compliance going forward.
Next steps:
If the VCEA does not comply, the IEU intends to take the matter to the Federal Court, and we may seek injunctions, declarations, and civil penalties.
The union warns that any attempt to discipline delegates for exercising their rights will trigger further legal action under adverse action laws.
