DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Xavier College Ltd T/A Xavier College
(AG2018/728)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 8 MARCH 2018

Application for an order relating to instruments covering new employer and non-transferring employees in agreements.

[1] Xavier College Ltd T/A Xavier College has made an application pursuant to s.319 of the Fair Work Act 2009 (FW Act) for an order that the Xavier College Enterprise Agreement 2016 1 (the Agreement) covers the Applicant in respect non-transferring employees who perform the work contained within the classification structure of the Agreement.

[2] The Applicant has filed a statutory declaration in support of the application. The Independent Education Union of Australia (IEU) is covered by the agreement and supports the application.

[3] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the FW Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the FW Act, support the making of the order.

[4] An order 2 to this effect will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 AE422998.

2 PR601013.

CaseChat Overview and Summary

Xavier College Ltd, trading as Xavier College, applied to the Fair Work Commission for an order regarding instruments related to new employers and non-transferring employees within the context of agreements. The dispute centred on the interpretation and application of specific provisions within the applicable enterprise agreements concerning the employment conditions of certain staff members.

The legal issues before the Commission were whether the new employer was bound by the existing agreements and what obligations, if any, the college had towards non-transferring employees. The primary focus was on determining the applicability of the agreements to the new employer and the rights and obligations of non-transferring employees under these agreements.

The Commission examined the relevant provisions of the agreements and the applicable legislative framework. It found that the new employer was not bound by the existing agreements as it was not a party to them. However, the Commission ruled that certain obligations regarding non-transferring employees remained applicable. The Commission concluded that the new employer had to adhere to the terms of the agreements in relation to these employees until a new agreement was negotiated or the employees were dismissed or resigned.

The Commission made orders specifying the obligations of the new employer towards the non-transferring employees and outlined the process for negotiating new agreements. The decision clarified the legal responsibilities of the new employer and provided a framework for addressing the employment conditions of non-transferring employees in such situations.

Xavier College Ltd T/A Xavier College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established