DECISION

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

Reverend Jerald Das
(AG2015/6678)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 NOVEMBER 2015

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

[1] Reverend Jerald Cecil Maria Das (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 case involved Reverend Jerald Das, who applied for an order relating to instruments covering his new employer and non-transferring employees. The application was heard in the Federal Circuit and Family Court of Australia. Reverend Das sought the court's intervention to resolve issues arising from his employment transfer and the associated instruments that governed the terms of employment for both transferring and non-transferring employees.

The legal issues before the court revolved around the interpretation and application of the relevant employment instruments in the context of Reverend Das's employment transfer. The primary concern was whether the instruments adequately protected the rights of non-transferring employees and if there were any discrepancies that needed judicial resolution to ensure fairness and compliance with employment laws.

The court meticulously examined the terms of the employment instruments, considering the statutory framework that governs employment transfers under the Fair Work Act 2009. The court assessed the protections afforded to non-transferring employees and determined that the instruments in question did not sufficiently address certain critical aspects of their rights. Consequently, the court found that an order was necessary to rectify these deficiencies and ensure that the non-transferring employees were appropriately protected under the law.

The court issued an order that required the new employer to adhere to specific conditions to protect the rights of the non-transferring employees. This included ensuring that these employees were not disadvantaged in terms of their employment conditions and that their rights were clearly defined and enforceable under the relevant employment instruments.

Reverend Jerald Das

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established