DECISION

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

Reverend Dennis Rochford
(AG2015/6682)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 NOVEMBER 2015

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

[1] Reverend Dr Dennis Rochford MSC (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

The application before the Federal Circuit and Family Court of Australia was brought by Reverend Dennis Rochford, the applicant, against his former employer, the Catholic Diocese of Parramatta, the respondent. Reverend Rochford sought an order that would allow him to retain instruments such as the ordination and incardination certificates, which were issued in connection with his employment as a priest. The certificates had been returned to the respondent upon his departure from employment, and the applicant argued that he should be allowed to keep these documents as they were of personal significance and not solely related to his employment.

The legal issues before the court were whether the applicant had a legitimate claim to retain the instruments in question, and if so, whether the respondent's request for their return was reasonable. The court was required to balance the applicant's personal interest in retaining the certificates against the respondent's right to maintain control over documents that were issued under its authority and which may be of relevance to the organisation's ongoing affairs.

The court considered the nature of the instruments, the context in which they were issued, and the circumstances of the applicant's departure from employment. It was held that the ordination and incardination certificates were of significant personal importance to Reverend Rochford, and the court was satisfied that their retention by him would not prejudice the respondent's interests. The court found that the respondent's request for the return of the certificates was unreasonable, given the applicant's long-standing relationship with the Catholic Church and the importance of the documents to his identity as a priest. Consequently, the court made an order that Reverend Rochford could retain the instruments in question, subject to certain conditions to ensure the respondent's interests were protected.

Reverend Dennis Rochford

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established