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

[2013] FWCA 3095

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
(AG2013/6247)

PRINCIPALS (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 Principals (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 Principals (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Catholic Commission for Employment Relations through its Executive Director Anthony Farley, the applicants sought approval of the Principals' Enterprise Agreement 2013 from the Fair Work Commission. The Principals involved in the agreement were the Archdiocese of Sydney and the Dioceses of Broken Bay and Parramatta. The dispute centred around the terms and conditions of employment for the workers within these religious institutions, and the process by which the agreement was reached.

The legal issues before the Commission were primarily concerned with whether the agreement was made in accordance with the applicable provisions of the Fair Work Act 2009, and if the process for making the agreement was fair and appropriate. Specifically, the Commission had to determine whether the agreement was genuinely negotiated between the parties, whether it was made in good faith, and whether it complied with the requirements for an enterprise agreement under the Act.

The Commission examined the evidence and submissions provided by the parties and found that the agreement had been made in good faith and that the process followed was appropriate. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it complied with the requirements for an enterprise agreement under the Act. Consequently, the Commission approved the Principals' Enterprise Agreement 2013, finding it to be in the best interests of the workers and the Principals.

The final orders of the Commission included the approval of the Principals' Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the workers employed by the Archdiocese of Sydney and the Dioceses of Broken Bay and Parramatta. The Commission also noted that the agreement would remain in force until it was terminated, varied, or replaced in accordance with the Fair Work Act 2009.

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