DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Catholic Commission for Employment Relations
(AG2019/1868)

TEACHERS (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND'S COLLEGE, CANBERRA) MULTI-ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2019

Application for approval of the Teachers (Daramalan College, Marist College Canberra, and St Edmund's College, Canberra) Multi-Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Commission for Employment Relations. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Catholic Commission for Employment Relations, sought approval of the Teachers (Daramalan College, Marist College Canberra, and St Edmund's College, Canberra) Multi-Enterprise Agreement 2018-2021, under the Fair Work Act 2009. The respondents, the Australian Education Union and the Catholic Independent Schools of Canberra and Goulburn, opposed the application on the grounds that the agreement was not genuinely a multi-enterprise agreement and that it contained unfair provisions. The case was heard by the Fair Work Commission. The primary legal issues the court had to address were whether the agreement constituted a genuine multi-enterprise agreement and whether it contained unfair terms. The court considered the definition of a multi-enterprise agreement under the Fair Work Act and examined the characteristics of the agreement, including the involvement of multiple employers and the negotiation process. The court also assessed the fairness of the agreement's terms, focusing on whether they were reasonable and balanced.

In its decision, the Fair Work Commission found that the agreement was indeed a genuine multi-enterprise agreement. It was satisfied that the agreement involved multiple employers and was negotiated in good faith. The court also determined that the terms of the agreement were fair. It noted that the agreement included provisions for consultation and dispute resolution, which were considered reasonable and balanced. The court concluded that the agreement met the requirements of the Fair Work Act and approved the application. Consequently, the agreement was registered as a multi-enterprise agreement, effective from the specified period.

Catholic Commission for Employment Relations

DECISION

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Background to the litigation

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Legal Principle Established