DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7697)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 22 MAY 2017

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

[1] On 14 December 2016, Catholic Commission for Employment Relations (Applicant) made an application for approval of the NSW Catholic Independent Schools (Teachers-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 17 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, Independent Education Union of Australia has not indicated any objection to 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 29 May 2017. The nominal expiry date of the Agreement is 31 Dec 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

AG2016/7697 NSW Catholic Independent Schools (Teachers – Model A) Multi-Enterprise Agreement 2017.

List of corrections being made via s586.

1. subclause 6.2: amending the subclause so that it now reads:

6.2 Additional Period of Notice for Teachers

Where:

(a) the Teacher has completed more than five’ years continuous service with the Employer; and

(b) the Teacher is over 45 years of age

the Teacher will receive an additional one week of notice to that provided in subclause 6.1. There is no requirement for the Teacher to give the additional notice set out in this subclause.

2. subclause 11.3 (b): amending the cross reference in the subclause from 12.2 (c) to 11.2 (c)

3. subclause 11.4 (a): amending the cross reference in the subclause from 12.3 to 11.3

4. subclause 15.4 (a): amending the subclause so that it now reads:

15.4 Entitlement to Long Service Leave and Payment on termination

(a) A Teacher will be entitled to take long service leave accrued in accordance with subclauses 15.2 and 15.3 of this clause on the completion of 10 years service with an Employer and on the completion of each additional five years thereafter.

ANNEXURE B

The applicant, the Catholic Commission for Employment Relations, sought approval of the New South Wales Catholic Independent Schools (Teachers-Model A) Multi-Enterprise Agreement 2017. The Commission argued that the agreement met the requirements of the Fair Work Act 2009 (Cth). The application was heard by the Fair Work Commission, with the decision being made by Commissioner Scott.

The primary legal issue before the Commission was whether the agreement was a "certified agreement" under the Fair Work Act, which would provide protection from legal challenge. The Commission considered whether the agreement had been made in accordance with the provisions of the Act and whether it met the necessary criteria for certification. This included assessing whether the agreement had been made in good faith and whether it provided for the resolution of disputes in an efficient and effective manner.

After considering the evidence and arguments presented, the Commission determined that the agreement met the necessary criteria for certification. The Commission found that the agreement had been made in good faith and that it provided for the resolution of disputes in an efficient and effective manner. The Commission also found that the agreement met the requirements for coverage, which included that it covered a multi-enterprise bargaining situation and that it was likely to result in improved workplace relations. As a result, the Commission approved the agreement as a certified agreement.

The Fair Work Commission approved the New South Wales Catholic Independent Schools (Teachers-Model A) Multi-Enterprise Agreement 2017 as a certified agreement, providing it with protection from legal challenge. The Commission found that the agreement met the necessary criteria for certification, including that it had been made in good faith and that it provided for the resolution of disputes in an efficient and effective manner. The agreement is now protected from legal challenge, which should promote improved workplace relations between the parties.

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