Catholic Commission for Employment Relations

[2013] FWCA 6828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2013/8024)

SUPPORT AND OPERATIONAL STAFF (NSW CATHOLIC SCHOOLS - LIST C) MULTI - ENTERPRISE AGREEMENT 2013-2014

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the Support and Operational Staff (NSW Catholic Schools - List C) Multi - Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Support and Operational Staff (NSW Catholic Schools - List C) Multi - Enterprise Agreement 2013-2014 (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 multi-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 (NSW/ACT Branch) and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2013. The nominal expiry date of the Agreement is 31 December 2014.

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 Support and Operational Staff (NSW Catholic Schools - List C) Multi-Enterprise Agreement 2013-2014. The Catholic Commission for Employment Relations represents the interests of Catholic education employers in New South Wales in industrial matters. The Commission sought approval of the proposed multi-enterprise agreement, which was to be applicable to the employees of Catholic schools who were classified as support and operational staff. The nature of the dispute was the interpretation and application of relevant provisions of the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the proposed multi-enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically sections 230 and 231. Section 230 sets out the criteria that an agreement must meet to be approved, while section 231 provides the process for the approval of multi-enterprise agreements. The court had to determine if the agreement met the criteria for approval, including whether it promoted harmonious, productive and cooperative workplace relations, and if it was consistent with the principles of the Fair Work Act.

The court found that the proposed agreement met the criteria for approval under the Fair Work Act. It was determined that the agreement promoted harmonious, productive and cooperative workplace relations, and was consistent with the principles of the Act. The court also found that the agreement was in the public interest and would provide a fair and effective means of resolving industrial disputes. The court approved the agreement, and it came into effect on 1 April 2014. The Catholic Commission for Employment Relations was authorised to certify the agreement on behalf of the employers, and the agreement was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established