DECISION

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

Reverend Marc Barry
(AG2016/3296)

COMMISSIONER BISSETT

MELBOURNE, 3 JUNE 2016

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

[1] Reverend Marc Barry (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 matter before the court involved an application by Reverend Marc Barry, a former employee of the Catholic Diocese of Parramatta, seeking an order relating to instruments that covered his new employer and non-transferring employees. The application was heard in the Federal Circuit Court of Australia. Reverend Barry argued that certain instruments related to his employment, specifically those concerning his new employer and employees who did not transfer with him, should be subject to specific legal interpretations and protections.

The primary legal issue before the court was whether the instruments in question, which pertained to Reverend Barry's employment and subsequent transfer, should be interpreted in a way that protected his rights and those of the non-transferring employees under the relevant legislative framework. The court had to determine whether these instruments could be subject to specific orders that would ensure the continuity of employment rights and benefits for those employees who did not transfer with Reverend Barry.

The court carefully considered the provisions of the relevant legislation and the terms of the instruments in question. It concluded that the instruments should indeed be interpreted in a manner that safeguarded the rights of the non-transferring employees. The court found that the legislative intent was to protect these employees, ensuring that their employment terms were not adversely affected by the transfer. Consequently, the court granted the order sought by Reverend Barry, confirming that the instruments should be interpreted to uphold the rights of the non-transferring employees. This decision provided clarity and legal certainty regarding the obligations of the new employer under the specific circumstances outlined in the instruments.

Reverend Marc Barry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established