DECISION

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

Reverend Joseph Amal
(AG2015/6681)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 NOVEMBER 2015

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

[1] Reverend Joseph Amal SDB (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 Joseph Amal, the applicant sought an order relating to instruments covering a new employer and non-transferring employees. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The dispute arose under the Fair Work Act 2009, with the applicant seeking to challenge the validity of instruments that covered the new employer and non-transferring employees, arguing they were not appropriately designated under the legislation.

The central legal issue before the Commission was whether the instruments in question were validly made and whether they appropriately covered the new employer and non-transferring employees. The applicant contended that the instruments were improperly designated and did not meet the statutory criteria. The Commission had to determine whether the instruments were in accordance with the legislative framework governing enterprise agreements and transfers of business.

The Commission examined the relevant provisions of the Fair Work Act and the specific circumstances of the case. It found that the instruments were properly designated and met the criteria for coverage under the legislation. The Commission noted that the instruments were consistent with the statutory requirements and appropriately reflected the conditions of the new employer and non-transferring employees. Consequently, the application was dismissed, and the validity of the instruments upheld.

As a result of the decision, the instruments covering the new employer and non-transferring employees were confirmed to be valid and in accordance with the Fair Work Act. The Commission's ruling provided clarity on the application of the legislative provisions in this context, ensuring that the instruments continued to appropriately govern the workplace relations in question.

Reverend Joseph Amal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established