DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7993)

SANTA SABINA COLLEGE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2017

Application for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2017.

[1] On 16 December 2016 the Catholic Commission for Employment Relations (Applicant) made an application for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-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 employer 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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

AG 2016/7993 Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2017.

List of corrections being made via s586.

1. Clause 9.2 (c)

Replace ‘rate’ in ‘Part-time hourly rate’ with ‘rates’

2. 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.

3. 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.

4. Clause 23.1(a) – Consultation and Redundancy

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

5. Clause 23.1(b) – Consultation and Redundancy

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

6. 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.

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

Remove reference to ‘casual Employees’

8. Items 4.2 and 10.3 of Annexure 3

Replace “$76” with “$82”

9. Clause 15.2(a)

Replace “eight consecutive hours” with “ten consecutive hours”

ANNEXURE B

In the Fair Work Commission, the Catholic Commission for Employment Relations applied for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2017. The Catholic Commission for Employment Relations is the employer of the support and operational staff of Santa Sabina College, a Catholic school in Melbourne, and the relevant union is the Australian Education Union. The dispute centred on whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Act, including the "no disadvantage test" and the "good faith bargaining test." The Commission also had to consider whether the agreement provided for a fair and efficient workplace and whether it met the "better off overall test."

The Commission found that the enterprise agreement met the criteria for approval. The agreement provided for a fair and efficient workplace and met the "better off overall test," as the employees would be better off overall under the new agreement than under their previous conditions of employment. The Commission also found that the agreement complied with the "no disadvantage test" and the "good faith bargaining test." The agreement provided for a range of benefits for employees, including pay increases, improved leave provisions, and better working conditions.

The Commission approved the enterprise agreement, which will now apply to the support and operational staff of Santa Sabina College. The approval of the agreement ensures that the employees will receive the benefits outlined in the agreement, and it provides a framework for fair and efficient workplace relations between the employer and the employees. The decision provides clarity for employers and employees in similar situations and reinforces the importance of good faith bargaining and the role of the Fair Work Commission in approving enterprise agreements.

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