DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2017/3553)

SANTA SABINA COLLEGE - MARY BAILEY HOUSE EARLY EDUCATION CENTRE AND OUT OF SCHOOL HOURS STAFF ENTERPRISE AGREEMENT 2016-2018

Educational services
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2016-2018.

[1] An application has been made 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 2016-2018 (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] The Applicant has provided written undertakings. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Catholic Commission for Employment Relations applied for approval of an enterprise agreement. The agreement in question pertains to the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2016-2018. The dispute centred around whether the proposed agreement met the requirements set out under the Fair Work Act 2009 for approval and registration.

The primary legal issues before the court were whether the agreement was a genuine enterprise agreement, if it contained the necessary good faith provisions, and if it complied with the provisions concerning the protection of employees' rights and interests. The court had to consider if the agreement was fairly and genuinely negotiated between the parties, if it was properly presented to the employees, and if it contained provisions that were not contrary to public policy or otherwise invalid.

The court held that the agreement was indeed a genuine enterprise agreement as it was the result of good faith bargaining between the parties. It was found to have been properly presented to the employees and contained the necessary good faith provisions. Additionally, the court found that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. Therefore, the application for approval of the enterprise agreement was successful. The court ordered that the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2016-2018 be approved and registered.

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