DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/3637)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS PRINCIPALS ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 24 DECEMBER 2020

Application for approval of the NSW and ACT Catholic Systemic Schools Principals Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW and ACT Catholic Systemic Schools Principals Enterprise Agreement 2020 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Commission for Employment Relations sought approval of the NSW and ACT Catholic Systemic Schools Principals Enterprise Agreement 2020. The applicant argued that the agreement was fit for purpose in the context of the pandemic and the changed economic environment. The Catholic Education Commission opposed the application, contending that the agreement did not adequately reflect the economic realities and financial pressures faced by the schools. The Fair Work Commission heard the matter, with the central issue being whether the agreement was suitable for approval under the Fair Work Act 2009. The Commission needed to consider the evidence and submissions from both parties regarding the impact of the pandemic and the financial constraints on the schools.

The Commission began by noting the unique context in which the agreement was negotiated, including the effects of the COVID-19 pandemic. It examined the submissions from both the applicant and the opponent, including the financial data and expert evidence provided. The Commission was particularly concerned with whether the agreement fairly reflected the changed economic environment and the financial sustainability of the schools. It considered the balance between the needs of the employees and the financial viability of the employers. The Commission ultimately determined that the agreement was fair and reasonable, taking into account the exceptional circumstances of the pandemic and the need to ensure the continued operation of the schools.

In reaching its decision, the Commission emphasised the importance of maintaining a fair and sustainable agreement that addressed the current economic realities. It found that the agreement appropriately reflected the financial constraints faced by the schools while also providing reasonable protections for the employees. The Commission concluded that the agreement was in the best interests of both the employees and the employers, given the unique context in which it was negotiated. The application for approval was accordingly granted.

The final orders included the approval of the NSW and ACT Catholic Systemic Schools Principals Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the principals in the relevant schools. The decision provided clarity and certainty for both parties, ensuring that the agreement was fair and sustainable in the current economic environment.

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