The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education Office; The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Education Services...
[2009] FWA 1014
•9 NOVEMBER 2009
[2009] FWA 1014 |
|
DECISION |
Fair Work Act 2009
s.248 - Application for a single interest employer authorisation
(B2009/10987)
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 9 NOVEMBER 2009 |
Summary: Ministerial declaration that two or more employers may bargain together – Diocesan Schools - application to FWA for authorisation following declaration.
[1] On 4 November 2009, sixQueensland Diocesan School employersmade an application to Fair Work Australia under s.248(1) of the Fair Work Act 2009 (“the FW Act”) for a single interest employer authorisation (following a declaration by the Minister having been made under s.247 of the Act, the details of which are discussed below).
[2] The effect of the authorisation as sought is to allow two or more single interest employers (who are not franchisees of the same franchisor) to bargain together in relation to a proposed enterprise agreement.
[3] The six employers Diocesan School employers that are seeking to bargain together are:
(i) The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane;
(ii) The Roman Catholic Trust Corporation for the Diocese of Cairns;
(iii) The Roman Catholic Trust Corporation for the Diocese of Rockhampton;
(iv) The Corporation of the Roman Catholic Diocese of Toowoomba;
(v) The Roman Catholic Trust Corporation for the Diocese of Townsville; and
(vi) The Corporation of the Sisters of Mercy of the Diocese of Townsville.
[4] I have previously considered the statutory arrangements applicable to an application such as this in [2009] FWA 975. 1
[5] It would appear that on 23 October 2009, the Minister corresponded with Mr Kevin Twomey, Director – Employee Services of the Archdiocese of Brisbane Catholic Education, on behalf of the above named employers. The purpose of that correspondence was to notify the employers and their representative that she had considered the requirements of the FW Act and now declared that the four previously cited employers “(to the extent that they are national system employers within the meaning of the Act) are allowed to bargain together for an enterprise agreement.”
[6] That correspondence expressly stated that it served as the declaration as sought by the employers under s.247(4) of the FW Act and notwithstanding the declaration, the employers were required under s.248 of the Act “to apply to Fair Work Australia for a single interest employer authorisation before bargaining for an enterprise agreement can commence.”
[7] The above named employers have now made the application under s.248 of the FW Act for a single interest authorisation that is now before me. I now turn to consider that application.
[8] Section 248 of the Act reads as follows:
“(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.”
[9] For the purposes of s.248(2)(a) of the FW Act, the application has specified the six Diocesan employers that will be covered by the agreement, and these employers have been cited above.
[10] For the purposes of s.248(2)(b) of the FW Act, the application has specified the employees to be covered by the agreement. They are described in the application as the “employees that will be covered by the proposed enterprise agreement [who are] the employees of the individual employers [cited above] who are covered by the Catholic Education Diocesan Employing Authorities (Queensland) Agreement, known as the Diocesan Agreement EB V.”
[11] For the purposes of s.248(2)(c) of the FW Act, the application nominates the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane to make applications to Fair Work Australia on behalf of the employers (if this authorisation is made).
[12] For the purposes of s.249(1)(a) of the FW Act, the application for the single interest employer authorisation has been made on the terms set out above.
[13] For the purposes of s.249(1)(b)(i) of the FW Act, the application has been made by the six Diocesan employers on the basis that they have agreed to bargain together, as evidenced in the consenting correspondence from each employer that accompanied the application.
[14] For the purposes of s.249(1)(b)(ii) of the FW Act, it is also evident from the same accompanying correspondence that none of the employers have been “coerced, or threatened to coerce, any of the employers to agree to bargain together”.
[15] For the purposes of s.249(1)(c) of the FW Act, I note that the requirements of s.249(3) of the FW Act have been met for reason that I am satisfied that “all of the employers are specified in [the] declaration made under s.247 of the Act in relation to the agreement.” The employers who are specified in the declaration are those employers whose representative made this application on their behalf, as set out above.
[16] Section 249(1) of the FW Act states that Fair Work Australia “must” make the single interest authorisation employer authorisation if it is satisfied of the various factual preconditions required to be established under s.249 of the FW Act. Those factual preconditions have been met in each instance, so I must now make the authorisation for which application has been made.
[17] Section 250 of the Act reads as follows:
“(1) A single interest employer authorisation in relation to a proposed enterprise agreement 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;
(d) any other matter prescribed by the procedural rules.”
[18] The single issue authorisation will specify, for purposes of s.250(1)(a) of the FW Act that the employers that will be covered by the agreement will be:
(i) The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane;
(ii) The Roman Catholic Trust Corporation for the Diocese of Cairns;
(iii) The Roman Catholic Trust Corporation for the Diocese of Rockhampton;
(iv) The Corporation of the Roman Catholic Diocese of Toowoomba;
(v) The Roman Catholic Trust Corporation for the Diocese of Townsville; and
(vi) The Corporation of the Sisters of Mercy of the Diocese of Townsville.
[19] The single issue authorisation will specify, for purposes of s.250(1)(b) of the FW Act that the employees that will be covered by the agreement will be:
“[...] the employees of the individual employers [cited above] who are covered by the Catholic Education Diocesan Employing Authorities (Queensland) Agreement, known as the Diocesan Agreement EB V.”
[20] The single interest authorisation will specify, for purposes of s.250(1)(c) of the FW Act that the person nominated by the employers to make applications under the FW Act is The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane.
[21] For the purposes of s.250(1)(d) of the FW Act, there are no procedural rules prescribing any other matter(s) to which I need to attend.
[22] Because I am satisfied that the application has met the preconditions stipulated in the FW Act, in the manner I have set out above, I must make the single interest authorisation as sought. The authorisation will come into operation from the date of this decision, which is 9 November 2009.
SENIOR DEPUTY PRESIDENT
1 Application by the Lutheran Church of Australia Queensland District; St John's Lutheran Church Kingaroy; St John's Lutheran Church Bundaberg T/A St John's Lutheran Primary School Bundaberg; Peace Lutheran Church Gatton [2009] FWA 975
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