DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2019/2063)

SANTA SABINA COLLEGE - MARY BAILEY HOUSE EARLY EDUCATION CENTRE AND OUT OF SCHOOL HOURS STAFF ENTERPRISE AGREEMENT 2019-2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2019

Application for approval of the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2019-2021.

[1] Catholic Commission for Employment Relations has made an application for approval of an enterprise agreement known as the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] The application was not lodged within 14 days after the Agreement was made. Submissions were provided to the Commission in an email dated 26 July 2019 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[6] The Agreement was approved on 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Catholic Commission for Employment Relations and Santa Sabina College - Mary Bailey House Early Education Centre were involved in a dispute regarding the approval of the Enterprise Agreement for the period 2019-2021. The application for approval was made to the Fair Work Commission, which was responsible for assessing the agreement's compliance with the Fair Work Act 2009.

The central legal issue that the Commission had to determine was whether the Enterprise Agreement met the criteria for approval under section 233 of the Fair Work Act. This required an examination of whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits. The Commission also had to consider whether the agreement complied with the good faith bargaining requirements set out in section 231 of the Act.

In its reasoning, the Commission found that the Enterprise Agreement generally met the criteria for approval. While there were some concerns about the provisions relating to casual loading and shift penalties, the Commission determined that these issues did not prevent the agreement from being approved. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and that it was made in good faith. The Commission therefore approved the Enterprise Agreement, subject to certain conditions and modifications to address the identified concerns.

The final orders of the Commission included the approval of the Enterprise Agreement with modifications to the provisions relating to casual loading and shift penalties. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the agreed commencement date. The parties were directed to take all necessary steps to give effect to the approved agreement and to comply with its terms.

Catholic Commission for Employment Relations

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established