s.248 - Single interest employer authorisation

Application for a single interest employer authorisation

• [1] St Rita's College Limited (Applicant) has made an application to the Fair Work Commission pursuant to s. 248 of the Fair Work Act 2009 (the FW Act) for a single interest employer authorisation in relation to a proposed enterprise agreement that will cover certain employers and employees in Catholic Diocesan schools in Queensland. The application was made on 11 November 2022.

• [2] Section 248 of the FW Act provides as follows:

(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)).

(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."

• [3] The application identifies, in Attachment A, 19 employers that are intended to be covered by a proposed new enterprise agreement. The Applicant states that, while each of the employers operates as an autonomous Catholic school employing authority in Queensland charged with legal responsibility for the operation of schools within its control, they share a history of and commitment to collaboration and coordination on matters relating to enterprise agreement making and employment matters generally. The core business of the employers is the provision of education, with Catholic ethos and teaching being a core component. The employers are currently covered by the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2019-2023.

• [4] In relation to the Trustees of Edmund Rice Education Australia (EREA), one of the 19 employers specified in the application, the Applicant states that EREA will cease to operate from 31 December 2022 due to changes to the structure of the governing body. From 1 January 2023, subject to the approval by the Non-State Schools Accreditation Board under the Education (Accreditation of Non-State Schools) Act 2017 (Qld) and acceptance by employees of a transfer of employment, employees of EREA in Queensland will become employees of Edmund Rice Education Australia Flexible Schools Ltd and Edmund Rice Education Australia Colleges Ltd, both of which are also on the list of the 19 employers.

• [5] The 19 employers specified in the present application are the same employers identified in a declaration made by the Minister under s. 247 of the FW Act. The declaration is attached to the application and marked Attachment C.

• [6] The application also specifies the group of employees who will be covered by the proposed new enterprise agreement. The employees who will be covered by the agreement are the following employees working in a school governed by one of the employers under the direction of the principal of the school: Deputy Principals; or staff covered by the Educational Services (Teachers) Award 2020; or staff covered by the Educational Services (Schools) General Staff Award 2020, except Instructional Services (Sports) Employees (referred to as sports coaches), Trainees and Apprentices.

• [7] Ms Dale Morrow, Principal of St Rita's College of St Rita's College Limited, has been nominated by the employers to make the present application.

• [8] The Manager - Workplace Relations of the Queensland Catholic Education Commission, a peak body for Catholic Education in Queensland, has been appointed by the employers as their bargaining representative for the proposed enterprise agreement.

• [9] The effect of the authorisation sought is to allow two or more single interest employers to bargain together in relation to a new enterprise agreement. Section 249 of the FW Act specifies when the Commission must make a single interest employer authorisation:

"249 When the FWC must make a 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

(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.

(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:

(b) related bodies corporate of the same franchisor; or

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.

(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."

• [10] Having considered the material before me, I am satisfied, pursuant to s. 249(1) of the FW Act, that the employers that will be covered by the proposed new enterprise agreement have agreed to bargain together. I am also satisfied that no person has coerced or threatened to coerce any of those employers to bargain together.

• [11] I am satisfied that, as required by s. 249(3), all of the employers specified in the present application are also the employers specified in the declaration made by the Minister under s. 247 of the FW Act. Therefore, in accordance with s. 249(1) of the Act, I must make a single interest employer authorisation in relation to a proposed enterprise agreement.

• [12] The authorisation will come into operation from 14 November 2022, the date of this Decision. The authorisation will cease to be in operation on the day on which the proposed new enterprise agreement is made or after a period of 12 months from the day on which the authorisation is made, whichever is earlier.

• [13] The authorisation giving effect to this Decision will be issued separately in PR747895.

Printed by authority of the Commonwealth Government Printer