Trustees of Edmund Rice Education Australia

[2015] FWC 7884

[2015] FWC 7884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.251—Single interest employer authorisation

Trustees of Edmund Rice Education Australia
(B2015/1607)

COMMISSIONER WILSON MELBOURNE, 17 NOVEMBER 2015

Application for a variation of a single interest employer authorisation.

[1] On 19 February 2015 the Fair Work Commission (the Commission) issued a single interest employer authorisation (the Authorisation) (PR561197) pursuant to s.249 of the Fair Work Act 2009 (the Act). The Authorisation was made to cover some 17 employers in relation to the bargaining process for a proposed enterprise agreement. The person nominated by the employers to make applications under the Act is Mr Phillip Whitehouse of the Queensland Catholic Education Commission.

[2] On 11 November 2015 an application was made pursuant to s.251 of the Act for the variation of the Authorisation. The application was brought by the Trustees of Edmund Rice Education Australia, with Mr Whitehouse of the Queensland Catholic Education Commission the nominated bargaining representative for the Applicant.

[3] Specifically, the application seeks the following relief;

• The addition of the Applicant legal employer entity ‘Trustees of Edmund Rice Education Australia’ to the Authorisation pursuant to s.251(3) of the Act; and



• Removal of one employer, ‘Trustees of the Christian Brothers (Queensland)’, from the Authorisation pursuant to s.251(1) of the Act.

[4] On 12 November 2015 the Commission contacted the Applicant, who advised that it consented to the matter being determined on the material submitted with the application.

[5] The material before the Commission includes Ministerial Declarations under section 247(3) of the Act (which pertain to Ministerial declarations that employers may bargain together for a proposed enterprise agreement); a copy of the Authorisation Order; evidence of the change in circumstances of the relevant employers; written consent of the employers subject to the Authorisation to the Applicant being added to the Authorisation; and evidence from the Applicant and each of the employers subject to the Authorisation that none of the parties have been coerced into the making of the application or to agree to bargain collectively.

[6] Section 251 of the Act provides as follows;

251 Variation of single interest employer authorisations

Variation to remove employer

(1) An employer specified in a single interest employer authorisation in relation to a proposed enterprise agreement may apply to the FWC for a variation of the authorisation to remove the employer’s name from the authorisation.

(2) If an application is made under subsection (1), the FWC must vary the authorisation to remove the employer’s name if the FWC is satisfied that, because of a change in the employer’s circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

Variation to add employer

(3) An employer that is not specified in a single interest employer authorisation may apply to the FWC for a variation of the authorisation to add the employer’s name to the authorisation.

(4) If an application is made under subsection (3), the FWC must vary the authorisation to add the employer’s name if the FWC is satisfied that:

(a) each employer specified in the authorisation has agreed to the employer’s name being added; and

(b) no person coerced, or threatened to coerce, the employer to make the application; and

(c) the requirements of subsection 249(2) or (3) (which deal with franchisees and employers that may bargain together for a proposed enterprise agreement) are met.

[7] I am satisfied that each of the requirements of sections 251(3) and (4) have been met.

[8] Pursuant to s.251 of the Act, the Authorisation is varied to include the following employers;

• Trustees of Edmund Rice Education Australia.

[9] The application provides that the relevant change of circumstances, for the purposes of s.251(2), was the Applicant becoming an incorporated body and becoming the relevant legal employing entity for, and in the process assuming responsibility for most of the educational facilities of, the Trustees of the Christian Brothers (Queensland). Accordingly, it is put, and I so find, that it is no longer appropriate for the Trustees of the Christian Brothers (Queensland) to be specified in the authorisation.

[10] Accordingly, and pursuant to s.251 of the Act, the Authorisation is varied to remove the following employers;

• Trustees of the Christian Brothers (Queensland).

[11] An Order varying the Authorisation will be issued in accordance with this Decision.

COMMISSIONER

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