DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/3292)

CATHOLICCARE WOLLONGONG (CATHOLIC FAMILY WELFARE SERVICES) ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 DECEMBER 2020

Application for approval of the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2020.

[1] Catholic Commission for Employment Relations has applied for approval of a single enterprise agreement known as the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contains mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Catholic Commission for Employment Relations sought to correct two typographical errors in the original application. The Independent Education Union of Australia, being an employee bargaining representative, consented. In the circumstances, I am satisfied that the correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 21 December 2020 and, in accordance with s.54, will operate from 28 December 2020. The nominal expiry date of the Agreement is 28 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Catholic Commission for Employment Relations sought approval of an enterprise agreement on behalf of its employees, the Catholic Family Welfare Services. The agreement in question, the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2020, was the subject of a dispute between the Catholic Commission and the Health Services Union of Australia. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained only genuine bargain terms.

The Commission began by considering the procedural requirements of the Act, ensuring that the agreement was made in good faith, including compliance with relevant notification and consultation provisions. The Commission found that the agreement was indeed made in good faith, noting the extensive consultation process undertaken by the Catholic Commission. The Health Services Union of Australia had also participated in these negotiations. The Commission then examined the substantive terms of the agreement to ascertain if they represented genuine bargain terms. The Commission concluded that the terms were fair and reasonable, reflecting the respective positions of the parties.

After careful consideration, the Commission approved the CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2020. The decision was grounded on the evidence of good faith bargaining and the reasonableness of the terms. The Commission found that the agreement satisfied all the legislative requirements for approval.

ORDERS:
The CatholicCare Wollongong (Catholic Family Welfare Services) Enterprise Agreement 2020 is approved.

Catholic Commission for Employment Relations

DECISION

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Legal Principle Established