Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust T/A Home Instead Brisbane West, Home Instead Toowoomba

[2023] FWC 710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.248 - Application for a single interest employer authorisation

Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust T/A Home Instead Brisbane West, Home Instead Toowoomba

(B2023/236)

COMMISSIONER SIMPSON

BRISBANE, 23 MARCH 2023

Application for single interest employer authorisation. Bargain together for a single-enterprise agreement.

An application has been made for a single interest employer authorisation (the Application). The Application was made pursuant to s.248 of the Fair Work Act 2009 (the Act). It has been made by Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust T/A Home Instead Brisbane West, Home Instead Toowoomba (the Employer).

I am satisfied that each of the requirements of ss.248 and 249 of the Act as are relevant to this application for approval have been met. Specifically, I am satisfied that the employers that will be covered by the agreement have agreed to bargain together; that no person coerced, or threatened to coerce, any of the employers to agree to bargain together; and that all of the employers are specified on the basis of the statutory declaration with respect to s.248 of the Act in relation to the agreement.

An order setting out the terms of the single interest employer authorisation will be issued separately and concurrently with this decision specifying the information as required by s.250 of the Act.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust, trading as Home Instead Brisbane West and Home Instead Toowoomba, applied for a single interest employer authorisation under section 248 of the Fair Work Act 2009. The applicant sought to bargain collectively for a single enterprise agreement with its subsidiaries. The primary concern was whether the application met the statutory criteria and whether the entities involved had genuinely agreed to bargain collectively without any coercion.

The court was tasked with determining if the application met the criteria set out in sections 248 and 249 of the Fair Work Act. Specifically, the court had to verify that the employers involved had genuinely agreed to bargain collectively, that no coercion or threats were used to influence this agreement, and that all relevant employers were correctly identified in the statutory declaration. The applicant's submission included evidence of mutual agreement and a statutory declaration that satisfied these criteria.

Commissioner Simpson found that the application met all the necessary statutory requirements. The court was satisfied that the employers involved had genuinely agreed to bargain collectively, without any coercion. The statutory declaration provided was deemed adequate, and all employers were correctly identified. Consequently, the application for a single interest employer authorisation was approved. An order outlining the terms of this authorisation will be issued separately, as required by section 250 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established