Catholic Commission for Employment Relations

[2013] FWCA 10019

[2013] FWCA 10019

FAIR WORK COMMISSION

DECISION

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

Catholic Commission for Employment Relations
(AG2013/11879)

SUPPORT AND OPERATIONAL STAFF (NSW CATHOLIC INDEPENDENT SCHOOLS) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 19 DECEMBER 2013

Application for approval of the Support and Operational Staff (NSW Catholic Independent Schools) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Support and Operational Staff (NSW Catholic Independent Schools) Enterprise Agreement 2013 (“the Agreement”). The application has been made by the Catholic Commission for Employment Relations (“the applicant”) as an organisation nominated to make applications for various schools under a single interest employer authorisation issued made by the Fair Work Commission on 6 November 2013 (PR537110). The application is made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application has been the subject of proceedings on a number of occasions. The potential issues concerning the notices of representational rights have been addressed to my satisfaction in the submissions advanced on behalf of the applicant, coupled with the provision of a notice that had been issued by one school. As to the substance of the Agreement, I raised concern about the differentiated arrangements concerning, particularly, leave entitlements under the Agreement when considered in the context of various provisions of the Act. The undertakings have addressed my concerns in this regard. I also note that the applicant’s representative otherwise formally noted certain matters the applicant wished to have recorded in providing those undertakings. My concerns about one aspect of clause 2.2 of the Agreement have been assuaged, if not entirely then at least in part, by the existence of similar provisions in the modern award (albeit this a matter which may need consideration in relation to any further agreements drafted by the applicant).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met with the written undertakings provided during the proceedings on 19 December 2013. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] The Independent Education Union of Australia NSW/ACT Branch (“IEU”), United Voice and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities branch of the Australian Services Union (“USU”) concur with the undertakings. The IEU, United Voice and USU have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2013.

COMMISSIONER

Annexure A

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