DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2015/7780)

PRINCIPALS (ARCHDIOCESE OF SYDNEY) ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	SYDNEY, 10 FEBRUARY 2016

Application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Principals (Archdiocese of Sydney) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Commission for Employment Relations. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 February 2016 and, in accordance with s.54, will operate from 17 February 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Commission for Employment Relations, on behalf of the Archdiocese of Sydney, applied to the Fair Work Commission for the approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2016. The application was contested by the Australian Education Union, who argued that the agreement was not genuinely a workplace agreement and did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement was genuinely an enterprise agreement and whether it complied with the legislative requirements. The Commission needed to determine if the agreement was made in good faith and whether it included the minimum terms and conditions mandated by the Act. Additionally, the Commission considered whether the agreement was fair and reasonable, and if it was made in accordance with the statutory obligations.

In assessing the application, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and the evidence provided by both parties. The Commission concluded that the agreement was genuinely an enterprise agreement, as it was made in good faith and included the minimum terms and conditions. The Commission also found that the agreement was fair and reasonable and complied with the requirements of the Act. Consequently, the application for approval was upheld.

The Fair Work Commission approved the Principals (Archdiocese of Sydney) Enterprise Agreement 2016, recognising it as a genuine workplace agreement that meets all statutory requirements. This decision ensures that the agreement will govern the employment conditions of the affected employees within the Archdiocese of Sydney.

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