DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7793)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 13 APRIL 2017

Application for approval of the NSW Catholic Independent Schools (Teachers-Model C) 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 (Teachers- 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 6 April 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 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 20 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

AG2016/7793 NSW Catholic Independent Schools (Teachers – Model C) 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 12.2: amending the subclause so that it now reads:

subclause 12.2 This subclause does not apply

5. 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.

6. Subclause 15.12: the deletion of this subclause as it was included in error.

7. Annexure 3 – Employers covered by this agreement

The first row of the column titled ‘School Name’, “Dunlea Centre” now reads “Dunlea Centre – Australia’s Original Boys’ Town”.

ANNEXURE B

The case before the Fair Work Commission was an application by the Catholic Education Commission for the approval of the New South Wales Catholic Independent Schools (Teachers-Model C) Multi-Enterprise Agreement 2017. The applicant, representing Catholic schools, sought to have the agreement recognised under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for multi-enterprise agreements, particularly regarding the process of consultation and the agreement's alignment with the Fair Work Act's objectives.

The primary legal issue was whether the process of consultation between the applicant and the teachers' union complied with the legislative requirements set out in the Fair Work Act. Additionally, the court needed to determine if the agreement fairly reflected the interests of the employees and adhered to the provisions of the Act, including ensuring the agreement was not detrimental to the employees or the broader community.

The Fair Work Commission examined the evidence provided by both the applicant and the union, focusing on the consultation process and the content of the agreement. The Commission found that the consultation process was robust and transparent, involving multiple meetings and communications between the parties. The content of the agreement was also reviewed, and it was concluded that the agreement did not unfairly disadvantage the teachers and aligned with the objectives of the Fair Work Act. As such, the Commission approved the agreement, noting its compliance with the necessary legal standards.

The final order of the Commission was the approval of the New South Wales Catholic Independent Schools (Teachers-Model C) Multi-Enterprise Agreement 2017, recognising it as a registered agreement under the Fair Work Act 2009.

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