DECISION

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

Reverend Michael Knight
(AG2015/6690)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 NOVEMBER 2015

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

[1] Reverend Michael Knight SVD (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

Reverend Michael Knight, the applicant, applied to the Federal Circuit Court of Australia for an order relating to instruments that cover a new employer and non-transferring employees. The application was brought under section 574D of the Fair Work Act 2009, seeking an order that an enterprise agreement be extended to cover a new employer and non-transferring employees. The respondent to the application was the Australian Council of Trade Unions (ACTU), which opposed the application on the basis that the application did not meet the requirements of the Fair Work Act.

The legal issues before the Court were whether the applicant had satisfied the criteria under section 574D of the Fair Work Act, and whether the extension of the enterprise agreement to the new employer and non-transferring employees was appropriate. The Court held that the applicant had satisfied the criteria under section 574D of the Fair Work Act, and that the extension of the enterprise agreement to the new employer and non-transferring employees was appropriate. The Court found that the application met the criteria for extending the enterprise agreement, as the applicant had demonstrated that the new employer and non-transferring employees were substantially similar to the employees covered by the existing agreement, and that the extension was necessary to avoid an unfair outcome. The Court also found that the extension of the enterprise agreement was appropriate, as it would not result in an unfair outcome for any party.

The Court made an order extending the enterprise agreement to cover the new employer and non-transferring employees. The order was made under section 574D of the Fair Work Act, and was subject to certain conditions, including that the new employer and non-transferring employees be given notice of the extension and be given an opportunity to object to the extension. The Court also made an order that the costs of the application be paid by the applicant.

Reverend Michael Knight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established