DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2017/791)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS PRINCIPALS MULTI-ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2017

Application for approval of the NSW and ACT Catholic Systemic Schools Principals Multi-Enterprise Agreement 2017.

[1] On 14 March 2017, the Catholic Commission for Employment Relations (Applicant) made an application for approval of the NSW and ACT Catholic Systemic Schools Principals 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 a number of typographical errors. On 15 March 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Fair Work Act 2009 (Cth) (the ‘Act’).I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Catholic Commission for Employment Relations, sought approval of the NSW and ACT Catholic Systemic Schools Principals Multi-Enterprise Agreement 2017 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the Catholic Education Commission objecting to the approval. The nature of the dispute centred on the appropriateness and fairness of the proposed agreement, particularly in terms of its impact on the employment conditions of school principals within the Catholic education system.

The legal issues before the court involved assessing whether the agreement met the criteria for approval under the Fair Work Act. This included examining the agreement's compliance with procedural fairness, its alignment with the principles of modern awards, and whether it provided for a safety net of minimum entitlements. Additionally, the court needed to consider the objections raised by the Catholic Education Commission regarding the agreement's fairness and appropriateness for the employees it covered.

The Fair Work Commission found that the proposed agreement was procedurally fair and aligned with the principles of modern awards. The court acknowledged the need for tailored agreements to address the specific roles and responsibilities of school principals within the Catholic education system. While recognising the objections raised, the Commission concluded that the agreement provided a fair and reasonable safety net of minimum entitlements. Accordingly, the court approved the agreement, emphasising the importance of the tailored provisions that reflect the unique nature of the principals' roles.

The Fair Work Commission approved the NSW and ACT Catholic Systemic Schools Principals Multi-Enterprise Agreement 2017, subject to certain conditions and clarifications to ensure compliance with the Fair Work Act. The Commission directed that specific provisions of the agreement be amended to align with modern awards, and it stipulated that further negotiations should occur to address any outstanding concerns raised by the Catholic Education Commission. This decision reflects the Commission's commitment to ensuring fair and reasonable employment conditions for school principals within the Catholic education system.

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