DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Archdiocese of Hobart (Schools & Colleges)
(AG2015/2812)

TASMANIAN CATHOLIC EDUCATION SINGLE ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 JULY 2015

Application for approval of the Tasmanian Catholic Education Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Catholic Education Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Archdiocese of Hobart (Schools & Colleges). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 7 July 2015 and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case concerning the Archdiocese of Hobart (Schools & Colleges), the applicant sought approval for the Tasmanian Catholic Education Single Enterprise Agreement 2015. The dispute was heard by the Fair Work Commission, an Australian federal workplace relations tribunal. The application aimed to formalise the terms and conditions of employment for the employees of the Catholic education system in Tasmania, covering aspects such as wages, working hours, leave entitlements, and other employment-related matters.

The legal issues that arose for determination included whether the proposed agreement was fair and reasonable, complied with relevant legislation, and met the criteria for approval under the Fair Work Act 2009. Additionally, the court needed to assess whether the agreement adequately protected the interests of both the employees and the employer, and if it adhered to the principles of good faith bargaining.

In reaching its decision, the commission considered various submissions from both the applicant and the respondents, along with relevant case law and legislative provisions. The commission found that the proposed agreement met the necessary requirements for approval. It was deemed fair and reasonable, balanced the interests of both parties, and complied with the statutory framework. Consequently, the commission granted approval for the Tasmanian Catholic Education Single Enterprise Agreement 2015, recognising it as a binding agreement between the employer and the employees.

The final orders included the approval of the agreement, effective from the date of the decision, and mandated that it be given effect in accordance with the terms specified within the agreement. The commission also directed that the agreement be lodged with the Fair Work Commission within the stipulated timeframe.

Archdiocese of Hobart (Schools & Colleges)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established