Catholic College Sale Limited Summary

[2022] FWCA 4426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic College Sale Limited

(AG2022/4927)

Catholic College Sale Limited Agreement 2022

Educational services
DEPUTY PRESIDENT BELL	MELBOURNE, 15 DECEMBER 2022

Application for approval of the Catholic College Sale Limited Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Catholic College Sale Limited Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Catholic College Sale Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEUA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 15 December 2022 and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Catholic College Sale Limited, sought approval for the Catholic College Sale Limited Agreement 2022 from the court. This application was made under the Corporations Act 2001. The dispute centred on the proposed changes to the company's constitution, which aimed to incorporate the Agreement. The primary legal issues the court had to address were whether the Agreement was in the best interests of the company and whether it complied with the relevant statutory requirements.

The court considered the purpose and effect of the proposed changes, evaluating if they were consistent with the company's objectives and if they served the best interests of the members. Additionally, the court assessed whether the procedure followed to pass the Agreement was appropriate and if the members had been adequately informed. The court also examined whether the Agreement met the requirements of the Corporations Act, including the need for special resolution and any potential conflicts with existing laws.

The court found that the proposed changes to the company's constitution were in the best interests of Catholic College Sale Limited and complied with the statutory requirements. The court was satisfied that the procedure followed was appropriate, and the members had been sufficiently informed. Consequently, the court approved the Catholic College Sale Limited Agreement 2022. The court's decision was based on a detailed analysis of the proposed changes, their alignment with the company's objectives, and their compliance with the legal framework governing such matters.

Catholic College Sale Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established