s.252 - Application to extend single interest employer authorisation

Catholic Church Endowment Society Inc T/A Catholic Education (South Australia)

Application to extend single interest employer authorisation in B2024/889 - application granted - authorisation extended by a further period of 12 months.

• [1] The Catholic Church Endowment Society Inc Trading as Catholic Education (South Australia) (Catholic Education) has applied under s.252 of the Fair Work Act 2009 (Act) to extend the single interest employer authorisation made[1] by this arm of the Commission on 31 July 2024 (Authorisation) for a further period of twelve (12) months. Catholic Education is an employer covered by the Authorisation and a bargaining representative of the employers more generally. The Independent Education Union of Australia (IEU) is an employee bargaining representative for the proposed enterprise agreement.

• [2] The application is supported by the IEU and the other employers who are covered by the Authorisation, and the parties have indicated that there is a reasonable prospect that the enterprise agreement can be finalised in the additional time proposed.

• [3] Section 252 of the Act provides as follows:

"252 Variation to extend period single interest employer authorisation is in operation

(1) A bargaining representative for a proposed enterprise agreement to which a single interest employer authorisation relates may apply to the FWC to vary the authorisation to extend the period for which the authorisation is in operation.

(2) The FWC may vary the authorisation to extend the period if the FWC is satisfied that:

(a) there are reasonable prospects that the agreement will be made if the authorisation is in operation for a longer period; and

(b) it is appropriate in all the circumstances to extend the period."

• [4] I am satisfied that there is a valid application and the requirements of s.252(2) have been met. Although the extension sought is long, the bargaining here is somewhat involved, and the proposed period has the support of the bargaining representatives covered by the Authorisation. This should enable the proposed enterprise agreement to be made. The extension can and should be allowed.

• [5] Accordingly, the extension is granted, and the Authorisation will operate until 31 July 2026.

[1] [2024] FWC 1993 and PR777594.

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