DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Catholic Commission for Employment Relations
(AG2015/7468)

SUPPORT AND OPERATIONAL STAFF (NSW CATHOLIC INDEPENDENT SCHOOLS) MULTI-ENTERPRISE AGREEMENT 2015 - 2016

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Support and Operational Staff (NSW Catholic Independent Schools) Multi-Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Support and Operational Staff (NSW Catholic Independent Schools) Multi-Enterprise Agreement 2015 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Catholic Commission for Employment Relations. The agreement is a multi-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 25 December 2015. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Commission for Employment Relations, an employer organisation, applied to the Fair Work Commission for approval of the Support and Operational Staff (NSW Catholic Independent Schools) Multi-Enterprise Agreement 2015 - 2016. The application was opposed by the Independent Education Union of Australia, an employee organisation. The nature of the dispute was whether the agreement provided adequate protections and benefits for the employees, and whether it complied with the relevant legislation and principles of fairness.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was a "better off overall test" (BOOT) agreement. The court had to consider the provisions of the agreement, the evidence presented by both parties, and relevant case law. The court also had to assess whether the agreement provided for a minimum rate of pay, adequate notice of termination, and protection against adverse action for protected industrial action.

The court found that the agreement was a BOOT agreement and met the requirements of the Fair Work Act. The court considered that the agreement provided for a minimum rate of pay that was comparable to or higher than the relevant award rates. The court also found that the agreement provided for adequate notice of termination and protection against adverse action for protected industrial action. The court was satisfied that the agreement was fair and balanced, and approved it. The Independent Education Union of Australia's opposition to the agreement was dismissed. The court's decision was based on the evidence presented and the principles of fairness and good faith bargaining. The agreement was approved, and the parties were directed to take all necessary steps to give effect to the agreement.

Catholic Commission for Employment Relations

DECISION

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Legal Principle Established