DECISION

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

Reverend Renato Ramirez
(AG2016/3281)

COMMISSIONER BISSETT

MELBOURNE, 3 JUNE 2016

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

[1] Reverend Renato Arvin Ramirez (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 Renato Ramirez, a former employee of the Roman Catholic Diocese of Parramatta, brought an application to the Federal Circuit Court seeking an order to enforce certain instruments executed by the Diocese. These instruments were intended to cover a new employer and employees who did not transfer with the Diocese's business. The court was tasked with determining whether the instruments were valid and enforceable in the circumstances presented.

The central legal issues before the court were whether the instruments were properly executed, whether they accurately reflected the intentions of the parties, and whether they could be enforced against the new employer and the non-transferring employees. The court also had to consider whether the instruments complied with relevant legislation and whether any terms were void or unenforceable.

In delivering the judgment, the court carefully examined the terms of the instruments and the surrounding circumstances of their execution. It concluded that the instruments were properly executed and accurately reflected the intentions of the parties. The court found that the instruments were valid and enforceable against the new employer and the non-transferring employees. The court also determined that the instruments complied with relevant legislation and that no terms were void or unenforceable.

The court ordered that the instruments be enforced as agreed upon by the parties, providing relief to Reverend Ramirez in accordance with the terms of the instruments. The court's decision was based on a thorough analysis of the legal principles applicable to the execution and enforcement of instruments in the context of a business transfer.

Reverend Renato Ramirez

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established