DECISION

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

Catholic Commission for Employment Relations
(AG2020/2704)

NSW CATHOLIC INDEPENDENT SCHOOLS (SUPPORT STAFF - MODEL B) MULTI-ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 26 OCTOBER 2020

Application for approval of the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2020 (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 multi-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Catholic Commission for Employment Relations, sought approval for the NSW Catholic Independent Schools (Support Staff - Model B) Multi-Enterprise Agreement 2020. The application was made under the Fair Work Act 2009. The Commission was asked to determine whether the agreement should be registered, thereby making it a registered agreement for the purposes of the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Act, whether the agreement met the better-off-overall test, and whether it contained the necessary minimum terms and conditions. The Commission also needed to assess if the agreement was made in good faith and if it provided for the resolution of disputes.

The Commission found that the agreement was made in accordance with the Act and that it met the better-off-overall test. It was determined that the agreement contained the necessary minimum terms and conditions and was made in good faith. The Commission also found that the agreement provided for the resolution of disputes. As a result, the Commission approved the application and registered the agreement.

The final orders of the Commission included the registration of the agreement and the declaration that it would be a registered agreement for the purposes of the Act. The agreement was to be in effect from the date of registration and would apply to the relevant employees and employers.

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