DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Hallows’ School Limited; Brigidine College, Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo; Lourdes Hill College; Mount Alvernia College Limited; Trustees of the Edmund Rice Education Australia; Trustees of the Marist Brothers - Ashgrove; Mt St Michael’s College Limited; Padua College Limited; St Patrick’s College Townsville Limited; St Rita’s College Limited; St Ursula’s College Limited; St Ursula’s College, Toowoomba; Stuartholme School; Villanova College Limited
(AG2016/5033)

CATHOLIC EMPLOYING AUTHORITIES SINGLE ENTERPRISE COLLECTIVE AGREEMENT - RELIGIOUS INSTITUTE SCHOOLS OF QUEENSLAND 2015-2019

Educational services
COMMISSIONER BOOTH	BRISBANE, 25 AUGUST 2016

Application for approval of the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2015-2019.

[1] An application has been made for approval of a single enterprise agreement known as the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2015-2019 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by All Hallows’ School Limited; Brigidine College, Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo; Lourdes Hill College; Mount Alvernia College Limited; Trustees of the Edmund Rice Education Australia; Trustees of the Marist Brothers - Ashgrove; Mt St Michael’s College Limited; Padua College Limited; St Patrick’s College Townsville Limited; St Rita’s College Limited; St Ursula’s College Limited; St Ursula’s College, Toowoomba; Stuartholme School; Villanova College Limited.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement contains a typographical error in clause 7.14.1(d) which should be corrected. Under s.586 of the Act the error is corrected as follows:

In clause 7.14.1(d) by deleting the paragraph and replacing with:-

d) In circumstances where a teacher’s minimum entitlement of planning, preparation and correction time is not provided due to planned school activities, timely consultation will occur at the school level to ensure the provision of the minimum entitlement.

A consolidated version of the Agreement as corrected is attached.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

Independent Education Union of Australia;

United Voice ;

Australian Nursing and Midwifery Federation; and

Queensland Nurses’ Union of Employees.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved multiple Catholic employing authorities and religious institutes in Queensland, seeking approval for a single enterprise collective agreement applicable to religious institute schools within the state. The Catholic employing authorities sought to have the agreement, which was to regulate employment conditions for religious institute schools, approved by the Fair Work Commission. This approval was necessary to ensure that the agreement complied with the relevant industrial legislation and to provide certainty and stability to the parties involved.

The legal issues before the court were centred around the validity and enforceability of the proposed collective agreement. The court needed to determine whether the agreement met the requirements set out in the Fair Work Act 2009, including whether the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment. Additionally, the court had to consider whether the agreement was consistent with the principles of the Fair Work Act and did not unfairly discriminate against any group of employees.

The Fair Work Commission, in considering the application, evaluated the process through which the agreement was made, the parties involved, and the terms of the agreement itself. The Commission found that the agreement was made in good faith and for the proper purpose of establishing the terms and conditions of employment. Furthermore, the Commission concluded that the agreement was consistent with the principles of the Fair Work Act and did not unfairly discriminate against any group of employees. Based on these findings, the Commission approved the Catholic Employing Authorities Single Enterprise Collective Agreement for religious institute schools in Queensland.

The Fair Work Commission approved the application, thereby granting the Catholic employing authorities the ability to implement the terms and conditions outlined in the collective agreement across the specified religious institute schools in Queensland. This decision provided a legal framework for the employment conditions within these institutions, ensuring that the agreement was both fair and compliant with the relevant industrial legislation.

All Hallows’ School Limited; Brigidine College, Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo; Lourdes Hill College; Mount Alvernia College Limited; Trustees of the Edmund Rice...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established