Catholic Commission for Employment Relations

[2017] FWCA 6336

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Commission for Employment Relations

(AG2017/3979)

Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2017

Educational services
Deputy President Kovacic	CANBERRA, 30 NOVEMBER 2017

Application for approval of the Catholic Education Diocese of Parramatta –Counsellors Enterprise Agreement 2017 - Agreement approved.

An application has been made for approval of an enterprise agreement known as the Catholic Education Diocese of Parramatta –Counsellors Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Commonwealth of Australia as represented by the Catholic Commission for Employment Relations (the Applicant). The Agreement is a single enterprise agreement.

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.

The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that they wish to be covered by the Agreement. I note in accordance with s.201(2) of the Act that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Catholic Education Diocese of Parramatta – Counsellors Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, specifically whether it provided for the fair and equitable resolution of workplace issues.

The primary legal issue before the Commission was whether the agreement adequately covered the terms and conditions of employment for counsellors within the Catholic Education Diocese of Parramatta. This included examining if the agreement provided for a fair and efficient resolution of workplace disputes, ensuring that it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement was procedurally sound, including whether proper consultation had occurred with the relevant employee representatives and if the agreement was fairly negotiated.

The Commission found that the agreement was comprehensive and appropriately addressed the terms and conditions for the counsellors. It was deemed to provide for a fair and efficient process for resolving workplace disputes, thereby complying with the legislative requirements. The Commission was satisfied that the agreement was the product of genuine negotiation and consultation with employee representatives. As such, the Commission approved the agreement, recognising that it met the statutory criteria for approval under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Catholic Education Diocese of Parramatta – Counsellors Enterprise Agreement 2017, affirming that it was fair, efficient, and in compliance with the legal standards set forth in the Fair Work Act. The decision underscored the importance of comprehensive consultation and negotiation in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established