DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2015/4672)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.

[4] There are two additional matters that need to be noted:

(a) After the Agreement was voted upon, the bargaining parties identified a number of errors that have been corrected in a revised agreement. CCER and the IEU are in full agreement as to those accidental errors and their correction. I take the view those corrections do not amount to a variation to the Agreement that must again be approved by a vote of employees. Rather, they fall into the category of errors that can be corrected pursuant to the power in s.602(1) of the Act (compare Refined Sugar Services Pty Ltd v AWU [2008] AIRCFB 1069 in relation to a similar provision in earlier legislation). Accordingly, the Agreement as approved, a copy of which is annexed to this decision, incorporates those agreed corrections, made pursuant to that section.

(b) There was an issue as to whether clause 48 of the Agreement entitled “Union Members and Representatives, might authorise a right of entry covered by Part 3-4 of the Act without the requirements of that Division being observed. The parties are in agreement that, on the proper construction of clause 48, it does not authorise any entry by a permit holder for purposes covered by Part 3-4 unless the pre-requisites in that Part Division are satisfied. Clause 48 has been drafted carefully and I am satisfied that this construction is properly open and, given the joint position of the parties recorded at a mention of the matter, is the proper construction of clause 48 and, accordingly, an undertaking is not require in relation to that matter.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 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 applied to the Fair Work Commission for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2015. The application was opposed by the NSW Teachers Federation and the Australian Education Union. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009 and the relevant regulations and whether it could be approved in the public interest.

The Commission first considered whether the enterprise agreement was genuinely negotiated and whether it contained the required minimum terms and conditions. The Commission determined that the agreement had been genuinely negotiated and contained the necessary minimum terms. The Commission then assessed whether the agreement complied with the statutory obligations, including those relating to redundancy and termination of employment. The Commission found that the agreement did not fully comply with the statutory obligations, particularly regarding the termination of employment provisions. However, the Commission exercised its discretion to approve the agreement, finding that the non-compliance was minor and that the overall benefits of the agreement outweighed the deficiencies.

The Commission approved the enterprise agreement, subject to certain conditions and modifications. The approved agreement included amendments to the termination provisions to ensure compliance with the statutory obligations. The Commission considered the public interest factors, including the need for a stable and fair workplace environment, and concluded that approving the agreement would serve the public interest. The decision provides clarity on the approval process for enterprise agreements in the context of systemic Catholic schools in New South Wales and the Australian Capital Territory.

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