DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2017/6356)

CATHOLIC EDUCATION OFFICE, ARCHDIOCESE OF CANBERRA AND GOULBURN, ENTERPRISE AGREEMENT 2017

Educational services
SYDNEY, 13 APRIL 2018

Application for approval of the Catholic Education Office, Archdiocese of Canberra and Goulburn, Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Education Office, Archdiocese of Canberra and Goulburn, 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] 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 20 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Catholic Commission for Employment Relations applied for approval of the Catholic Education Office, Archdiocese of Canberra and Goulburn, Enterprise Agreement 2017. The dispute arose due to disagreements between the parties regarding the terms and conditions of employment of teachers and staff within the Catholic education system in the region. The Catholic Commission for Employment Relations argued that the agreement was necessary to address the economic and social conditions within the education sector, while the Catholic Education Office contested certain provisions of the agreement.

The legal issues before the Commission included whether the enterprise agreement met the statutory requirements for approval and whether the terms of the agreement were fair and reasonable. The Commission had to determine whether the agreement provided for appropriate mechanisms for resolving disputes and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission considered whether the agreement addressed the economic and social conditions of the parties and whether it promoted productivity and workplace harmony.

The Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. The Commission determined that the agreement provided for appropriate mechanisms for resolving disputes and complied with the relevant provisions of the Fair Work Act 2009. The Commission also found that the agreement addressed the economic and social conditions of the parties and promoted productivity and workplace harmony. The Commission approved the enterprise agreement, and it will now be binding on the parties.

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