DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/2729)

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

Educational services
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2020

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

The Catholic Commission for Employment Relations applied for the approval of the NSW Catholic Independent Schools (Teachers - Model C) Multi-Enterprise Agreement 2020. The application was brought pursuant to the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, led by Commissioner S.J. Smith. The legal issues before the Court were whether the application met the requirements of the Fair Work Act 2009 and whether the agreement was in the public interest. The Court found that the application met the requirements of the Fair Work Act 2009. It was determined that the agreement was in the public interest, as it would provide certainty and stability for teachers in the NSW Catholic Independent Schools system. The Court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it would promote harmonious, productive and cooperative workplace relations. The Court approved the application, and the agreement was registered with the Fair Work Commission.

The final orders of the Court were that the NSW Catholic Independent Schools (Teachers - Model C) Multi-Enterprise Agreement 2020 be approved and registered, and that the approval and registration take effect from the date of the decision. The Court also ordered that the agreement be published on the Fair Work Commission's website. The decision provides clarity and certainty for teachers in the NSW Catholic Independent Schools system, and promotes harmonious, productive and cooperative 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