DECISION

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

Catholic Commission for Employment Relations
(AG2015/7469)

SANTA SABINA COLLEGE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2015 - 2016

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Santa Sabina College (Support and Operational Staff) 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 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 25 December 2015. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2015-2016. The applicant, the Catholic Commission for Employment Relations, sought to have the agreement approved as a low-paid enterprise agreement. The dispute arose as the applicant argued the agreement was necessary to ensure fair and equitable treatment of the support and operational staff at the College. The respondent, the Australian Education Union, opposed the application, claiming that the agreement did not meet the requirements for low-paid status and contained terms that were unfair.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement qualified as a low-paid enterprise agreement and whether it contained terms that were fair and reasonable. The Commission had to examine the specific provisions of the agreement, particularly those related to remuneration and other conditions of employment, to ascertain if they complied with the statutory requirements. Additionally, the Commission needed to consider the submissions from both parties and assess whether the agreement met the broader public interest in maintaining fair and harmonious industrial relations.

In delivering its decision, the Commission noted that while the enterprise agreement contained provisions for fair remuneration and other conditions of employment, it did not qualify as a low-paid enterprise agreement. The Commission found that the average hourly rate of pay for the employees covered by the agreement exceeded the threshold for low-paid status. Furthermore, the Commission considered the submissions from the respondent regarding the fairness of certain terms and concluded that some provisions did not meet the standard of fairness required by the Act. Consequently, the Commission determined that the application for approval of the enterprise agreement should be dismissed.

The Fair Work Commission dismissed the application for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2015-2016. The Commission found that the agreement did not satisfy the criteria for a low-paid enterprise agreement and contained terms that were not fair and reasonable. As a result, the agreement was not approved 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