Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare; Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for Marymead Child and...

[2023] FWC 635

[2023] FWC 635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.248—Single interest employer authorisation

Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare; Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for Marymead Child and Family Centre

(B2023/250)

DEPUTY PRESIDENT DEAN CANBERRA, 16 MARCH 2023

Application for a single interest employer authorisation.

1. On 15 March 2023, an application was made by Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare and Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for Marymead Child and Family Centre pursuant to s 248 of the Fair Work Act 2009 (the Act) for a single interest employer authorisation in relation to a proposed enterprise agreement.

1. Section 248 of the Act provides:

248      Single interest employer authorisations

(1)Two or more employers may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement.

Note:The effect of a single interest employer authorisation is that the employers are single interest employers in relation to the agreement (see paragraph 172(5)(c)).

(2)       The application must specify the following:

(a)       the employers that will be covered by the agreement;
(b)       the employees who will be covered by the agreement;

(c)the person (if any) nominated by the employers to make applications under this Act if the authorisation is made.

1. Section 249 of the Act specifies when the Fair Work Commission must make a single interest employer authorisation. It provides:

249      Single interest employer authorisation

(1) The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if:

(a)       an application for the authorisation has been made; and

(b)      the FWC is satisfied that:

(i) the employers that will be covered by the agreement have agreed to bargain together; and

(ii) no person coerced, or threatened to coerce, any of the employers to agree to bargain together; and

(c) the requirements of either subsection (2) (which deals with franchisees) or (3) (which deals with employers that may bargain together for a proposed enterprise agreement) are met.

Franchisees

(2)The requirements of this subsection are met if the FWC is satisfied that the employers carry on similar business activities under the same franchise and are:

(a)       franchisees of the same franchisor; or

(b)      related bodies corporate of the same franchisor; or

(c)       any combination of the above.

Employers that may bargain together for the agreement

(3) The requirements of this subsection are met if the FWC is satisfied that all of the employers are specified in a declaration made under section 247 in relation to the agreement.

Operation of authorisation

(4)       The authorisation:

(a)       comes into operation on the day on which it is made; and

(b)      ceases to be in operation at the earlier of the following:

(i) the day on which the enterprise agreement to which the authorisation relates is made;

(ii) 12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period.

1. The application identifies the following two employers (the Employers) to be covered by the proposed agreement:

·Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare; and

·Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for Marymead Child and Family Centre.

1. The employees who will be covered by the proposed new enterprise agreement are all employees employed by the Employers excluding Directors, Executive employees and employees earning above the high income threshold as that term is defined in the Act.

1. The application states Mr Timothy Dingwall, Partner of Griffin Legal, is the person nominated by the Employers to make applications under this Act if the authorisation is made.

2. Having considered the material before me, I am satisfied that the Employers who will be covered by the proposed new enterprise agreement have freely agreed to bargain together. I am also satisfied that no person has coerced, or threatened to coerce, any of those employers, to bargain in this way.

1. I am satisfied that the two employers specified in the application are also the employers identified in the Declaration made by the Minister under s.247 of the Act.

1. Therefore, in accordance with s 249(1) of the Act, I must make a single interest employer authorisation in relation to the proposed enterprise agreement.

1. The authorisation will come into operation on the day on which it is made, which is the date of this decision. The authorisation will cease to be in operation on the day which the proposed new enterprise agreement is made or twelve months from the day of the authorisation, whichever is earlier.

1. The Authorisation giving effect to this decision will be issued separately.

DEPUTY PRESIDENT

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