Catholic Commission for Employment Relations through its Executive Director Anthony Farley

[2013] FWCA 3097

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
(AG2013/6245)

TEACHERS (ARCHDIOCESE OF SYDNEY AND DIOCESES OF BROKEN BAY AND PARRAMATTA) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2013

Application for approval of the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known asthe Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) 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, applied for the approval of the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards for approval. The dispute centred on various provisions within the agreement, particularly those relating to the classification, remuneration, and working conditions of teachers within the specified ecclesiastical jurisdictions.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act 2009. In examining these issues, the Commission considered whether the agreement appropriately balanced the interests of the employees and employers, and whether it adhered to the principles of procedural fairness and substantive fairness. Additionally, the Commission assessed the evidence provided by the parties to determine the genuineness of the agreement-making process.

The Commission found that the agreement largely met the requirements set out in the Act. It determined that the agreement contained all the necessary terms and conditions, and that it was made in good faith. The Commission also found that the agreement was procedurally and substantively fair. The Commission highlighted the process undertaken by the parties to negotiate the agreement, which included multiple meetings and the exchange of detailed documentation. Furthermore, the Commission was satisfied that the agreement provided for appropriate classification, remuneration, and working conditions for the teachers. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013, effective from 1 July 2013. The Commission's decision was based on its findings that the agreement met all the legal requirements for approval, including the presence of all mandated terms and conditions, and its conclusion that the agreement was made in good faith and was fair both procedurally and substantively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established