DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/2706)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2020

Application for approval of the NSW Catholic Independent Schools (Support Staff - Model C) 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 C) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Catholic Commission for Employment Relations applied to the Fair Work Commission for approval of the NSW Catholic Independent Schools (Support Staff - Model C) Multi-Enterprise Agreement 2020. The dispute arose out of a disagreement over the terms of employment for support staff within Catholic Independent Schools in New South Wales. The Commission, a body established under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum entitlements for employees, complied with the "better off overall test" and was in accordance with the relevant provisions of the Fair Work Act. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms, and if the agreement met the statutory requirements for multi-enterprise agreements.

In its decision, the Commission found that the agreement provided for a safety net of minimum entitlements, including minimum rates of pay, leave entitlements, and other employment conditions. The Commission considered that the agreement was in accordance with the "better off overall test" and met the statutory requirements for multi-enterprise agreements. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for dispute resolution and the protection of employees' rights.

Accordingly, the Commission approved the agreement and made an order for its registration. The approval of the agreement ensures that support staff within Catholic Independent Schools in New South Wales are provided with fair and reasonable terms and conditions of employment, including minimum rates of pay and leave entitlements, and provides for effective dispute resolution mechanisms. The decision provides certainty and stability for both employers and employees within the Catholic Independent Schools sector.

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