Benchmark WA Industrial Relations Case Database

Application by Queensland Catholic Education Commission

[2016] FWC 1127 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: Queensland Catholic Education Commission

Ratio

An application to extend a single interest employer authorisation under s.252 of the Fair Work Act 2009 was granted where the applicant demonstrated reasonable prospects that an enterprise agreement would be made if the authorisation period were extended, and the other bargaining representative's support was obtained.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 6

  • Single interest employer authorisation was issued on 19 February 2015 under s.249(4) of the Fair Work Act 2009
  • Authorisation was due to cease operation on 19 February 2015
  • No enterprise agreement had yet been made pursuant to the authorisation
  • Queensland Catholic Education Commission was the bargaining representative applying for the extension
  • Independent Education Union of Australia was the other bargaining representative and supported the application
  • Application was not contested

Factors

For
  • Reasonable prospects that an agreement will be made if the Authorisation operates for a longer period
  • Support from the other bargaining representative (Independent Education Union of Australia)
  • Application not contested
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.249(4)
  • Fair Work Act 2009 (Cth) s.252

Concept tags · 1

[P]Enterprise agreement approval

Principles · 1

articulates para 6
A single interest employer authorisation may be extended under s.252 of the Fair Work Act 2009 where there are reasonable prospects that an enterprise agreement will be made if the authorisation operates for a longer period.
Archived text (248 words)
Application by Queensland Catholic Education Commission [2016] FWC 1127 (19 February 2016) [2016] FWC 1127 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.252 - Application to extend single interest employer authorisation Queensland Catholic Education Commission (B2016/283) COMMISSIONER BOOTH BRISBANE, 19 FEBRUARY 2016 Application to extend single interest employer authorisation in B2015/270. [1] On 19 February 2015 the Fair Work Commission issued a single interest employer authorisation (the Authorisation) [ PR561196 ] pursuant to s.249(4) of the Fair Work Act 2009 (the Act). The Authorisation is due to cease operation on 19 February 2015. [2] An enterprise agreement pursuant to the authorisation has not yet been made. [3] The Queensland Catholic Education Commission (QCEC) is a bargaining representative for the proposed enterprise agreement. [4] Pursuant to s.252 of the Act the QCEC has applied to extend the period of operation of the Authorisation. [5] The views of the Independent Education Union of Australia, the other bargaining representative for the proposed agreement has been sought and has advised its support for the QCEC’s application. As the application is not contested I have determined the matter on the material submitted. [6] I am satisfied that there are reasonable prospects that an agreement will be made if the Authorisation operates for a longer period and consider it appropriate in all the circumstances to extend the period. [7] An order extending the Authorisation will be issued with this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR577252>