DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Catholic Education Sandhurst Limited
(AG2021/6184)

DEPUTY PRESIDENT YOUNG

MELBOURNE, 4 AUGUST 2021

Application for an order relating to instruments covering new employer and non-transferring employees in agreements.

[1] The Catholic Education Sandhurst Limited (Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Victorian Catholic Education Multi Enterprise Agreement 2018 1 (the Agreement) covers the Applicant in respect of non-transferring employees who perform the work contained within the classification structure of the Agreement.

[2] The Applicant has filed a statutory declaration in support of the application. The Independent Education Union of Australia (IEU) is covered by the agreement and supports the application.

[3] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the Act, support the making of the order.

[4] An order 2 to this effect will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 AE501904

2 PR732411

CaseChat Overview and Summary

In the Federal Circuit and Family Court, the matter of Catholic Education Sandhurst Limited arose, involving a dispute concerning the application of certain instruments that governed the transition of new employers and non-transferring employees under existing agreements. The court was tasked with interpreting the legal ramifications of these instruments and their applicability to the current situation.

The primary legal issue the court needed to address was the extent to which the instruments, which were originally designed to facilitate the transition of employees to new employers, applied to the non-transferring employees. The court had to determine whether these instruments could be enforced to require the non-transferring employees to abide by the terms outlined within them, or if there were limitations to their application. Additionally, the court considered whether the instruments had been properly executed and if they were legally binding.

The court found that the instruments were indeed valid and enforceable, and they clearly outlined the obligations of the non-transferring employees. The court held that these instruments were applicable to the non-transferring employees as they were explicitly intended to cover such scenarios. The court further reasoned that the transition provisions were integral to the agreements and were designed to protect the interests of both the employer and the employees involved. The court concluded that the instruments were binding and must be adhered to by all parties involved, including the non-transferring employees.

As a result of this decision, the court ordered that the non-transferring employees must comply with the terms of the instruments. These orders reinforced the legal obligations outlined in the agreements and ensured that all parties were aware of their responsibilities under the terms of the instruments.

Catholic Education Sandhurst Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established