DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2017/2038)

SUPPORT STAFF (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND’S COLLEGE, CANBERRA) MULTI-ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
COMMISSIONER JOHNS	SYDNEY, 3 NOVEMBER 2017

Application for approval of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2015-2019.

[1] On 5 June 2017 Catholic Commission for Employment Relations (Applicant) made an application for approval of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 November 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Catholic Commission for Employment Relations applied to the Fair Work Commission for approval of a multi-enterprise agreement concerning support staff employed at three schools in Canberra. The dispute arose from the negotiation and proposed terms of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2015-2019. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the necessary standards and requirements set out in the Fair Work Act. This included assessing whether the agreement was appropriately negotiated and whether it contained the minimum terms and conditions mandated by the Act. The Commission also had to consider whether the agreement provided for a fair and equitable resolution of workplace relations for the employees involved.

In reaching its decision, the Commission examined the negotiation process, the contents of the proposed agreement, and the implications for the employees. The Commission found that the agreement had been appropriately negotiated and contained all the required minimum terms and conditions. The Commission concluded that the agreement was fair and equitable, providing an appropriate framework for the resolution of workplace relations at the schools. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2015-2019. The approval was made effective from the date of the Commission's decision, ensuring that the agreement would govern the employment conditions for the relevant staff at the three schools for the duration of the agreement.

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