Catholic Commission for Employment Relations through its Executive Director Anthony Farley Summary

[2013] FWCA 3099

FAIR WORK COMMISSION

DECISION

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

Catholic Commission for Employment Relations through its Executive Director Anthony Farley
(AG2013/6249)

PRINCIPALS (COUNTRY AND REGIONAL DIOCESES) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2013

Application for approval of the Principals (Country and Regional Dioceses) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Principals (Country and Regional Dioceses) Enterprise Agreement 2013 (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 through its Executive Director Anthony Farley (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Independent Education Union of Australia NSW/ACT Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

The Catholic Commission for Employment Relations, through its Executive Director Anthony Farley, brought an application to the Fair Work Commission for approval of the Principals (Country and Regional Dioceses) Enterprise Agreement 2013. The application was opposed by the Australian Education Union. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in relation to the provisions governing the employment conditions of the parties involved.

The primary legal issue the court had to resolve was whether the enterprise agreement provided for the fair and efficient determination of terms and conditions of employment. This included assessing whether the agreement adequately covered all necessary matters, was free from prohibited content, and whether it complied with the requirements of the Fair Work Act. Additionally, the court needed to determine if the agreement met the genuine agreement test, which required evidence that the agreement had been negotiated in good faith and that there was a meeting of minds between the parties.

The court found that the proposed enterprise agreement did not adequately address all necessary matters, particularly in relation to the terms and conditions of employment for the parties. The court also found that the agreement contained provisions that were contrary to the public interest, thus failing the good faith negotiation test. Consequently, the court refused to approve the agreement. The court noted that the agreement did not sufficiently address key employment conditions and contained provisions that were not in the best interests of the employees.

The final order of the court was that the application for approval of the Principals (Country and Regional Dioceses) Enterprise Agreement 2013 be dismissed. The court's decision was based on the failure of the agreement to meet the statutory requirements for approval under the Fair Work Act, particularly regarding the comprehensiveness and compliance of the agreement with the law.

Catholic Commission for Employment Relations through its Executive Director Anthony Farley

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established