DECISION

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

Reverend Arockia Manoharan Sebastian MSFS
(AG2016/3300)

COMMISSIONER BISSETT

MELBOURNE, 3 JUNE 2016

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

[1] Reverend Arockia Manoharan Sebastian MSFS (the 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 2013 (the Agreement) covers the Applicant in respect 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] The Order sought will be issued with this decision.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Reverend Arockia Manoharan Sebastian MSFS, the court was presented with a dispute concerning instruments that covered a new employer and non-transferring employees. The case involved an application for an order that would impact these instruments. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to decide several legal issues, including whether the instruments in question could be varied or amended to reflect the change in employer, and if there were any obligations or rights of the non-transferring employees that needed to be addressed in the context of these instruments. The court also had to consider the impact of the new employer's entry into the agreements and how this might affect the existing rights and obligations under the instruments.

The court's reasoning was based on a detailed analysis of the existing instruments, the terms under which the new employer had entered into the agreements, and the rights and obligations of the non-transferring employees. The court concluded that the instruments could be varied to reflect the new employer and that there were no outstanding rights or obligations of the non-transferring employees that needed to be addressed. The court was satisfied that the application for an order was appropriate and in line with the intentions of the parties involved.

The final orders of the court were that the instruments be varied to reflect the new employer and that the application for an order was granted. The court also noted that any future disputes would need to be resolved in accordance with the varied instruments and the new employer's obligations under them.

Reverend Arockia Manoharan Sebastian MSFS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established