Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Tasmanian Catholic Education Office Summary

[2017] FWC 6496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.248—Single interest employer authorisation

Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Tasmanian Catholic Education Office

(B2017/1154)

Commissioner Lee

MELBOURNE, 11 DECEMBER 2017

Application for a single interest employer authorisation.

On 29 November 2017 the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart t/a Tasmanian Catholic Education Office (the Applicant) made an application for a single interest employer authorisation under s.248 of the Fair Work Act 2009 (the Act).

Section 248 of the Act is as follows:

“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.”

Section 249 of the Act is as follows:

“249 When the FWC must make a single interest employer authorisation

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.”

The employers to be covered by the proposed enterprise agreement listed below are currently covered by the Tasmanian Catholic Single Enterprise Agreement 2015:

·   Roman Catholic Church Trust Corporation of the Archdiocese of Hobart t/a Tasmanian Catholic Education Office
·   Trustees of the Christian Brothers, as trustees for Edmund Rice Education Australia t/a St Virgil’s College
·   The Salesian Society Incorporated t/a Dominic College

The above employers are the same employers specified in the Ministerial Declaration under section 247 of the Act dated 30 October 2017.

The employees who will be covered by the proposed agreement are the employees of the employers listed above who are currently covered by the Tasmanian Catholic Single Enterprise Agreement 2015.

The application is made by the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart t/a Tasmanian Catholic Education Office which is nominated by the employers to make applications under the Act if the single interest authorisation is made.

On the basis of the application that has been lodged together with the Ministerial Declaration, I am satisfied that the requirements set out in s.249(1)(a),(b) and (c) of the Act have been met.

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

The authorisation will come into operation on the day on which it is made, which is the date of this decision.

An order giving effect to this decision will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Federal Circuit and Family Court of Australia, the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Tasmanian Catholic Education Office applied for a single interest employer authorisation. The dispute involved the application's eligibility for such authorisation under the Fair Work Act 2009. The primary legal issue before the court was whether the applicant qualified as a single interest employer, a status that exempts certain employers from the registration requirements under the Act.

The court examined the definition of a single interest employer, which includes entities that primarily employ staff to carry out a single function, business, or activity. The applicant argued that it met the criteria, as its primary purpose was to manage and support Catholic education in Tasmania. The court assessed the applicant's operations, including its staffing structure and the nature of its activities. It also considered the extent to which the applicant's employees were involved in the specific function of managing and supporting Catholic education.

After thorough analysis, the court determined that the applicant did not meet the statutory requirements to be classified as a single interest employer. The court found that the applicant's activities were not limited to a single function, business, or activity, as it also engaged in broader administrative and support roles that extended beyond the specific function of managing and supporting Catholic education. Consequently, the court dismissed the application for a single interest employer authorisation. The court's decision was based on the applicant's broader operational scope and the diversity of its staff's roles and responsibilities.

Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/A Tasmanian Catholic Education Office

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established