DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/7775)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 13 APRIL 2017

Application for approval of the NSW Catholic Independent Schools (Teachers- Model B) 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 B) 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

AG2016/7775 NSW Catholic Independent Schools (Teachers – Model B) 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

CaseChat Overview and Summary

The case involved the Catholic Commission for Employment Relations, who applied to the Fair Work Commission for approval of the New South Wales Catholic Independent Schools (Teachers- Model B) Multi-Enterprise Agreement 2017. The application was contested by the Australian Education Union, which raised concerns about various aspects of the agreement, including the classification and remuneration of teachers, the handling of grievances, and the process for varying the agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to its content, process, and the fairness of the terms and conditions it proposed. The Commission had to consider if the agreement provided for a fair and efficient system for resolving disputes, if it adequately protected the rights and interests of the employees, and if it complied with the statutory requirements for multi-enterprise agreements. Furthermore, the Commission assessed whether the process by which the agreement was negotiated and made was fair and appropriate.

In its decision, the Fair Work Commission found that the agreement largely met the statutory requirements for approval. The Commission determined that the agreement provided for a fair and efficient system for resolving disputes and that the terms and conditions were appropriate and fair, taking into account the specific circumstances of the Catholic independent schools sector. The Commission also found that the process for negotiating and making the agreement was fair and appropriate. Despite some concerns raised by the Australian Education Union, the Commission concluded that the overall balance of the agreement was fair and that it was in the public interest to approve it.

The Fair Work Commission approved the New South Wales Catholic Independent Schools (Teachers- Model B) Multi-Enterprise Agreement 2017, subject to certain modifications to address the specific concerns raised by the Australian Education Union. The modifications included clarifications and adjustments to the classification and remuneration of teachers, as well as improvements to the grievance handling process. The Commission also directed that the agreement be reviewed after two years to ensure its continued fairness and effectiveness.

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