Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Archdiocese of Hobart (Schools & Colleges); The Trustees of the Christian Brothers as trustees for Edmund Rice Education Australia T/A St...

[2012] FWA 9989

[2012] FWA 9989

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.248—Single interest employer authorisation

Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Archdiocese of Hobart (Schools & Colleges); The Trustees of the Christian Brothers as trustees for Edmund Rice Education Australia T/A St Virgil’s College; Provincial Salesians of Don Bosco Australia-Pacific T/A Dominic College
(B2012/2001)

COMMISSIONER DEEGAN CANBERRA, 26 NOVEMBER 2012

Single interest employer authorisation application.

[1] On 2 November 2012, the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Archdiocese of Hobart (Schools & Colleges); The Trustees of the Christian Brothers as trustees for Edmund Rice Education Australia T/A St Virgil’s College; Provincial Salesians of Don Bosco Australia-Pacific T/A Dominic College (the Employers) applied to Fair Work Australia under s.248(1) of the Fair Work Act 2009 (the Act) for a single interest employer authorisation. The application was made consequent upon a declaration having been made by the Minister under s.247 of the Act.

[2] The relevant legislative provisions are as follows:

247 Ministerial declaration that employers may bargain together for a proposed enterprise agreement

Application for declaration

(1) Two or more employers that will be covered by a proposed enterprise agreement may apply to the Minister for a declaration under subsection (3).

Note: Employers named in a declaration may apply for a single interest employer authorisation (see Subdivision B of this Division).

(2) The application must specify the employers (the relevant employers) that will be covered by the agreement.

Declaration by the Minister

(3) If an application is made under subsection (1), the Minister may declare, in writing, that the relevant employers may bargain together for the agreement.

(4) In deciding whether or not to make the declaration, the Minister must take into account the following matters:

(a) the history of bargaining of each of the relevant employers, including whether they have previously bargained together;

(b) the interests that the relevant employers have in common, and the extent to which those interests are relevant to whether they should be permitted to bargain together;

(c) whether the relevant employers are governed by a common regulatory regime;

(d) whether it would be more appropriate for each of the relevant employers to make a separate enterprise agreement with its employees;

(e) the extent to which the relevant employers operate collaboratively rather than competitively;

(f) whether the relevant employers are substantially funded, directly or indirectly, by the Commonwealth, a State or a Territory;

(g) any other matter the Minister considers relevant.

(5) If the Minister decides to make the declaration, the relevant employers must be specified in the declaration.

(6) A declaration under subsection (3) is not a legislative instrument.”

248 Single interest employer authorisations

(1) Two or more employers may apply to FWA 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.”

249 When FWA must make a single interest employer authorisation

Single interest employer authorisation

(1) FWA 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) FWA 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.

(2) ...

Employers that may bargain together for the agreement

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

[3] On 3 September 2012 the employers sought a declaration under s.247 of the Act from the Minister for Employment and Workplace Relations (the Minister) that they may bargain together for an enterprise agreement.

[4] On 23 October 2012, the Minister issued a declaration under subsection 247(3) of the Act (the Ministerial Declaration), declaring that the Employers may bargain together for a single enterprise agreement.

[5] The application was made by the Employers covered by the Ministerial Declaration.

[6] The employees who will be covered by the proposed enterprise agreement are specified in the application and consist of those employees previously covered by the following enterprise agreements:

• The Tasmanian Catholic Education Agreement 2009 [AE874328];



• The Tasmanian Catholic Education Agreement 2009 (St Virgil’s College) [AE874212];



• The Tasmanian Catholic Education Agreement 2009 (Dominic College) [AE874334].

[7] The Employers have nominated the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart (ABN24097986470) trading as Archdiocese of Hobart (Schools and Colleges) to make applications under the Act if the authorisation is granted.

[8] Having considered the application and its attachments including the Ministerial Declaration, I am satisfied that:

• an application for a single interest authorisation has been made: s249(1)(a);



• the employers that will be covered by the agreement have agreed to bargain together: s249(1)(b)(i);



• no person coerced, or threatened to coerce, any of the employers to agree to bargain together: s.249(1)(b)(ii); and



• all of the employers are specified in a declaration made under s.247 in relation to the agreement: s.249(3).

[9] Consequently, in accordance with s.249 of the Act, I will make a single interest employer authorisation. The authorisation will come into effect on 26 November 2012.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR531722>