Majority support and why it matters to a single interest authorisation
One of the key requirements for securing a Single Interest Authorisation (SIA) is demonstrating that a majority of employees support bargaining for a single interest Agreement.
An SIA allows multiple employers to negotiate as if they were one single employer. This is particularly relevant in sectors like education, aged care, or health, where many small employers operate under a common regulatory or funding framework. This is the model in Victorian Catholic schools, where there are 36 employers of varying sizes.
An SIA is important because it offers IEU members access to essential bargaining rights such as good faith bargaining orders and the right to take industrial action.
While employers could make a very straightforward application for a Single Interest Authorisation, the rules make it much harder for unions. For us to win a Single Interest Authorisation, we must show that:
There is a ‘common interest’ among the employers (e.g. same industry, similar operations, geographic proximity) – this one is relatively easy in our sector.
The majority of employees at each employer want to bargain for an Agreement under an SIA – this is where the real work comes in, particularly in a sector that employs over 30,000 workers!
When bargaining under an SIA, union members can apply to take protected industrial action. If authorised, this action becomes a key part of their ability to negotiate effectively. Without an SIA, members lack this crucial tool.
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What the IEU must do in Term 4
Statement of support
The union must prove that more than 50% of employees in each employer support negotiating an Agreement through single interest bargaining.
This is usually done through:
Signed petitions or written statements
Surveys or secret ballots conducted by the union.
The IEU will then lodge an application for an SIA with the Fair Work Commission (FWC).
FWC assessment of SIA applications
If a union has applied for an SIA, the FWC must be satisfied that a majority of staff who will be covered by the proposed single interest Agreement want to bargain for this type of Agreement. The FWC will then grant an SIA for every employer where this and all other legal requirements have been met. Employers are then required to negotiate as one.
However, if bargaining is already underway by the time the IEU can apply for a SIA, employers can seek to delay the process by opposing the application.
If the SIA application is successful:
The FWC issues an SIA, which is valid for 12 months.
Employers covered by the SIA will be required to bargain with the union as a single interest and bargain in good faith under the Fair Work Act.
If employers fail to bargain in good faith, the union may seek the FWC’s assistance.
If negotiations stall or are unsuccessful, members have the right to apply for, and potentially take, protected industrial action in support of their claims.
