DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/3701)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2021

Application for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW and ACT Catholic Systemic Schools 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 the Catholic Commission for Employment Relations. The Agreement is a single 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 21 January 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Catholic Commission for Employment Relations, the employer, sought approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2020. The union, Catholic Education Sydney, opposed the application on the basis that the agreement contained provisions that did not meet the requirements of the Fair Work Act 2009. The dispute centred on specific provisions of the agreement that the union claimed were not in the best interests of the employees, particularly those relating to the classification and remuneration of employees.

The legal issues before the Commission were whether the provisions of the agreement were in the best interests of the employees and whether they complied with the relevant provisions of the Fair Work Act. The Commission had to consider the arguments of both parties and determine whether the provisions of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the best interests of the employees.

The Commission found that the provisions of the agreement were in the best interests of the employees and complied with the relevant provisions of the Fair Work Act. The Commission held that the agreement provided for fair and reasonable classification and remuneration of employees and took into account the unique nature of the Catholic education sector. The Commission also found that the agreement provided for a transparent and accountable process for the classification and remuneration of employees and ensured that employees were treated fairly and equitably. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The Commission's decision provides guidance on the requirements for the approval of enterprise agreements in the Catholic education sector. The decision reinforces the importance of ensuring that enterprise agreements are in the best interests of employees and comply with the relevant provisions of the Fair Work Act. The decision also highlights the need for employers and unions to engage in good faith bargaining to reach agreements that are fair and reasonable for all parties.

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