DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7768)

NSW CATHOLIC INDEPENDENT SCHOOLS (SUPPORT STAFF - MODEL B) MULTI-ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	CANBERRA, 11 JULY 2017

Application for approval of the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2017.

[1] On 16 December 2016 Catholic Commission for Employment Relations (Applicant) made an application for approval of the NSW Catholic Independent Schools (Support Staff – Model B) Multi-Enterprise Agreement 2017 (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.

[1] The Agreement lodged contained errors. On 31 May 2017, the Applicant filed an amended version of the agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A list of the corrections is attached in Annexure A.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure B. 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.

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

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 July 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The Catholic Commission for Employment Relations applied to the Fair Work Commission for the approval of the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2017. The respondents to the application included the Independent Education Union of Australia (NSW), the Australian Education Union (NSW) and the NSW Teachers Federation. The nature of the dispute involved the terms and conditions of employment of support staff in Catholic independent schools across New South Wales. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission involved whether the terms and conditions of the proposed agreement were fair and reasonable, and whether the agreement met the statutory requirements for approval. The Commission had to consider if the agreement provided for appropriate minimum wages, conditions, and entitlements for support staff, and if it adhered to the principles of the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement had been made in good faith and without coercion.

The Fair Work Commission determined that the proposed agreement was fair and reasonable, and met the statutory requirements for approval. The Commission found that the agreement provided for appropriate minimum wages, conditions, and entitlements for support staff, and that it adhered to the principles of the Fair Work Act 2009. The Commission also found that the agreement had been made in good faith and without coercion. The Commission took into account the views of the respondents, the submissions made by the parties, and the evidence presented during the hearing. The Commission was satisfied that the agreement was in the best interests of the support staff covered by the agreement, and approved the agreement.

The Fair Work Commission approved the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2017. The agreement will now apply to support staff in Catholic independent schools across New South Wales, providing them with appropriate minimum wages, conditions, and entitlements. The approval of the agreement is a significant step forward in ensuring fair and reasonable terms and conditions of employment for support staff in the Catholic independent schools sector.

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