DECISION

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

Catholic Commission for Employment Relations
(AG2020/2711)

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

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 26 OCTOBER 2020

Application for approval of the NSW Catholic Independent Schools (Teachers - 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 (Teachers - 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 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

In the Fair Work Commission, the applicant, the Catholic Commission for Employment Relations, applied for an approval of the New South Wales Catholic Independent Schools (Teachers - Model B) Multi-Enterprise Agreement 2020. The applicant sought approval of the agreement to ensure that it was suitable for setting minimum terms and conditions of employment for teachers in the Catholic education sector. The application was made under the Fair Work Act 2009, which requires the Commission to assess and approve multi-enterprise agreements if it is satisfied that the agreement meets certain criteria, including that it does not predetermine the outcome of future enterprise bargaining.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval, specifically whether it provided for a safety net of minimum terms and conditions and did not predetermine the outcome of future enterprise bargaining. The Commission needed to examine the provisions of the agreement to determine if they complied with the legislative requirements. Additionally, the applicant had to demonstrate that the agreement would promote harmonious, productive, and cooperative workplace relations and contribute to the creation of a competitive and efficient economy.

After reviewing the agreement, the Commission concluded that it met the necessary criteria for approval. The agreement provided a comprehensive safety net of minimum terms and conditions that covered all teachers in the Catholic education sector in New South Wales. Furthermore, the Commission found that the agreement did not predetermine the outcome of future enterprise bargaining as it allowed for flexibility and negotiation between employers and employees. The Commission was satisfied that the agreement would facilitate cooperative workplace relations and contribute to a competitive and efficient economy.

Accordingly, the Commission approved the New South Wales Catholic Independent Schools (Teachers - Model B) Multi-Enterprise Agreement 2020, effective from 1 July 2020. The approval ensures that the agreement sets the minimum terms and conditions for teachers in the Catholic education sector, promoting fair and productive workplace relations.

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