DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7823)

NSW CATHOLIC INDEPENDANT SCHOOLS (SUPPORT STAFF - MODEL C) MULTI-ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2017

Application for approval of the NSW Catholic Independent Schools (Support Staff - Model C) 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 C) 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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the case of Catholic Commission for Employment Relations, the dispute was an application to the Fair Work Commission for the approval of the NSW Catholic Independent Schools (Support Staff - Model C) Multi-Enterprise Agreement 2017. The primary parties involved in this case were the Catholic Commission for Employment Relations and the NSW Catholic Independent Schools. The legal issues at hand required the court to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 and if it was fair and reasonable for the purposes of the award. The central focus was on ensuring that the agreement provided adequate protections and benefits to the employees while also considering the financial sustainability of the participating schools.

The court examined the provisions of the agreement, particularly those related to wages, working conditions, and dispute resolution mechanisms. It was crucial to assess whether these provisions aligned with the objectives of the Fair Work Act, which seeks to balance the interests of employers and employees. The court also had to consider the views and submissions of the parties and whether the agreement provided a fair and reasonable outcome for the employees. This involved a detailed analysis of the bargaining process and whether it was conducted in good faith and without coercion. Furthermore, the court had to ensure that the agreement did not undermine the existing industrial awards and that it provided adequate protections for vulnerable employees.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the requirements of the Fair Work Act. The court was satisfied with the provisions regarding wages, working conditions, and dispute resolution, which provided adequate protections for the employees while also considering the financial constraints of the schools. The bargaining process was deemed to be conducted in good faith, and the agreement was found to be a reasonable outcome for both parties. The court approved the agreement, emphasising the importance of maintaining a balanced approach in industrial relations. The approval of the agreement ensures that the employees are provided with fair and reasonable terms of employment, while also supporting the sustainability of the schools.

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