DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2018/2463)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 AUGUST 2018

Application for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2017 (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] Written undertakings have been provided. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Catholic Commission for Employment Relations sought approval of the New South Wales and Australian Capital Territory Catholic Systemic Schools Enterprise Agreement 2017. This agreement was made by the Catholic Commission for Employment Relations and the Independent Education Union of Australia. The case was heard in the Fair Work Commission, with the Honourable Commissioner R. S. Chapman presiding.

The legal issues the court was required to decide were whether the agreement met the requirements of section 232 of the Fair Work Act 2009, which sets out the criteria for enterprise agreements. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the appropriate minimum terms and conditions. The Independent Education Union of Australia argued that the agreement did not meet the good faith requirement, as it was made without adequate consultation and did not adequately address the interests of employees.

The court found that the agreement did meet the good faith requirement, as there had been sufficient consultation with employees and the agreement contained the appropriate minimum terms and conditions. The court noted that while there may have been some deficiencies in the consultation process, these did not detract from the overall good faith of the agreement. The court also found that the agreement contained the appropriate minimum terms and conditions, as required by section 232 of the Fair Work Act 2009.

The final orders of the court were that the New South Wales and Australian Capital Territory Catholic Systemic Schools Enterprise Agreement 2017 be approved, with the approval to take effect from 1 January 2018. The court also ordered that the agreement be registered with the Fair Work Commission. The decision of the court was binding on the parties and could not be appealed, except on limited grounds.

Catholic Commission for Employment Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established