ENTERPRISE BARGAINING – protected action ballot – ss.437, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance protected action ballot order made – grounds for appeal whether conduct outlined in question to be put to employees who were to be balloted was industrial action – question related to employees delaying response to and/or actioning emails, and an ‘out of office’ email message which referred to protected industrial action being the reason for the delay in response – Full Bench held first action of delay in the performance of work was industrial action – held second action sending of ‘out of office’ email was a communication of first action to persons affected not industrial action – appeal raised questions as to nature of industrial action – permission to appeal granted – appeal dismissed. Appeal by Independent Education Union of Australia against decision in transcript of Booth C of 23 December 2015 Re: All Hallows’ School Limited t/a All Hallows’ School and Ors
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