DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Church Endowment Society Incorporated T/A Catholic Education Office
(AG2017/3364)

SOUTH AUSTRALIAN CATHOLIC SCHOOLS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2017

Application for approval of the South Australian Catholic Schools Enterprise Agreement 2017.

[1] On 7 August 2017, Catholic Church Endowment Society Incorporated T/A Catholic Education Office (Applicant) made an application for approval of the South Australian Catholic Schools Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

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

[3] 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 September 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Catholic Church Endowment Society Incorporated, trading as the Catholic Education Office, applied to the Fair Work Commission for approval of the South Australian Catholic Schools Enterprise Agreement 2017. The application arose out of negotiations between the Society and the Australian Education Union SA Branch, concerning the terms and conditions of employment for teachers and other employees within the Catholic education sector in South Australia. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained the minimum terms and conditions as required by law. Additionally, the Commission had to consider whether the agreement was in the public interest, whether it provided for the proper administration of the workplace, and whether it promoted harmonious, productive, and cooperative workplace relations. The Commission also examined whether the agreement included appropriate dispute resolution processes and if it adhered to the relevant provisions of the Fair Work Act.

In reaching its decision, the Commission noted the extensive negotiations and the involvement of multiple stakeholders in the development of the agreement. The Commission found that the agreement genuinely reflected the bargaining efforts of the parties and contained the minimum terms and conditions prescribed by the Fair Work Act. The Commission was satisfied that the agreement was in the public interest, provided for proper workplace administration, and promoted cooperative workplace relations. The agreement was also deemed to contain appropriate dispute resolution processes, and it complied with the relevant statutory requirements.

Consequently, the Commission approved the South Australian Catholic Schools Enterprise Agreement 2017, finding that it met all necessary criteria under the Fair Work Act. The approval was granted, and the agreement was registered, effective from the date of the Commission's decision.

Catholic Church Endowment Society Incorporated T/A Catholic Education Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established