Catholic Commission for Employment Relations

[2017] FWCA 3578

[2017] FWCA 3578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7702)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2017

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

[1] On 16 December 2016, the Catholic Commission for Employment Relations (Applicant) made an application for approval of the NSW Catholic Independent Schools (Support Staff-Model A) 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.

[3] 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.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 July 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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ANNEXURE A

AG 2016/7702 NSW Catholic Independent Schools (Support Staff – Model A) Multi-Enterprise Agreement 2017.

List of corrections being made via s586.

1. Clause 4 - Definitions

Replace: “Employer means an Employer listed in Attachment A” with “Employer means an Employer listed in subclause 2.1(a)”

2. Clause 9.2 (c)
Replace ‘rate’ in ‘Part-time hourly rate’ with ‘rates’

3. PART H - MONETARY RATES
Table 2 – Other Rates and Allowances - There is a line missing between items 7 and 8. There is also a typographical error in the ‘Brief Description’ column where it reads ‘Own Care’ instead of ‘Own Car’ in Item No.7.

4. PART H - MONETARY RATES
Table 1(b)(ii) – the weekly and annual headings for the 2020 rates have been incorrectly placed in the respective wrong columns. These columns have been amended to read in the correct order.

5. Clause 23.1(a) – Consultation and Redundancy

Remove reference to “full time an part time” and replace with “Employees”.

6. Clause 23.1(b) – Consultation and Redundancy

Amend clause to read: “subclauses 23.4 and 23.5 does not apply to casual Employees”.

7. Clause 23.1(c) – Consultation and Redundancy

Notwithstanding anything contained elsewhere in this Agreement, subclauses 23.5 does not apply to Employees with less than one year’s continuous service or Employers who employ fewer than 15 employees immediately prior to the termination of employment.

8. Clause 23.1(d)(ii) – Consultation and Redundancy

Remove reference to ‘casual Employees’

9. Items 4.2 and 10.3 of Annexure 3
Replace “$76” with “$82”

10. Clause 15.2(a)
Replace “eight consecutive hours” with “ten consecutive hours”

ANNEXURE B