DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

All Hallows' School Limited T/A All Hallows' School; Brigidine College Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo T/A Loreto College; Lourdes Hill College; Mount Alvernia College Limited; Trustees of Edmund Rice Education Australia; Trustees of the Marist Brothers; Mount St Michael’s College Limited; Padua College Limited; St Patrick’s College Townsville; St Rita’s College Limited; St Ursula’s College; St Ursula’s College, Toowoomba; Stuartholme School - Toowong; Villanova College Limited
(AG2018/2309)

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

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 JUNE 2018

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

[1] This is an application made under s.210 of the Fair Work Act 2009 (the Act) by All Hallows' School Limited T/A All Hallows' School; Brigidine College Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo T/A Loreto College; Lourdes Hill College; Mount Alvernia College Limited; Trustees of Edmund Rice Education Australia; Trustees of the Marist Brothers; Mount St Michael’s College Limited; Padua College Limited; St Patrick’s College Townsville; St Rita’s College Limited; St Ursula’s College; St Ursula’s College, Toowoomba; Stuartholme School - Toowong; Villanova College Limited and referred to as the Queensland Catholic Religious Institute School Employing Authorities (Employers) and the Independent Education Union of Australia-Queensland and Northern Territory Branch (IEUA).

[2] The application seeks approval of the Fair Work Commission to make variations to the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2015-2019 (the Agreement).

[3] The variation can be found at Attachment 1 to this Decision.
[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The IEUA and United Voice, who are bargaining representatives, filed statutory declarations in support of the application and want the Agreement as varied to cover them.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 11 June 2018.

[7] A consolidated version of the Agreement as varied is [attached] to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, including All Hallows' School Limited T/A All Hallows' School, Brigidine College Indooroopilly, Downlands College, Iona College Limited, Loreto College Coorparoo T/A Loreto College, Lourdes Hill College, and Mount Alvernia, sought to vary the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2015-2019. The application was heard in the Fair Work Commission. The primary dispute involved the applicants' request for an amendment to the existing collective agreement, specifically concerning the terms and conditions of employment for staff within the religious institute schools in Queensland.

The court was required to determine whether the proposed changes to the collective agreement were appropriate and warranted. Key issues included whether the changes were in line with the principles of the Fair Work Act 2009, whether they were necessary to address legitimate needs of the applicants, and whether they were consistent with the broader objectives of the industrial relations system. Additionally, the court needed to consider the implications of the proposed changes on the employees and the balance of interests between the employers and the employees.

The Fair Work Commission examined the merits of the application, taking into account the evidence presented by both the applicants and the relevant respondents. The Commission concluded that the proposed changes were necessary to address the legitimate needs of the applicants and were consistent with the principles of the Fair Work Act. The court found that the changes would not adversely affect the employees' terms and conditions of employment and would promote a fair and balanced approach to industrial relations. Consequently, the Commission approved the variation of the collective agreement as sought by the applicants.

The final orders included the variation of the Catholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queensland 2015-2019 to reflect the changes as proposed by the applicants. This decision was made on the basis that the variation was necessary and appropriate, and it would not lead to any adverse outcomes for the employees.

All Hallows' School Limited T/A All Hallows' School; Brigidine College Indooroopilly; Downlands College; Iona College Limited; Loreto College Coorparoo T/A Loreto College; Lourdes Hill College; Mount Alvernia...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established