Catholic Education Commission of Victoria

[2013] FWCA 8918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Education Commission of Victoria
(AG2013/11384)

VICTORIAN CATHOLIC EDUCATION MULTI ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 13 NOVEMBER 2013

Application for approval of the Victorian Catholic Education Multi Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Catholic Education Multi 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 Education Commission of Victoria Ltd. The Agreement is a multi-enterprise agreement.

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

[3] The Independent Education Union of Australia, Victoria Tasmania Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54 of the Act it will operate from 20 November 2013. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Education Commission of Victoria sought approval of the Victorian Catholic Education Multi Enterprise Agreement 2013, which was intended to govern employment conditions for certain employees within the Catholic education sector in Victoria. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the fair and efficient determination of the terms and conditions of employment for the relevant employees. This involved an assessment of whether the agreement adequately balanced the interests of the employees, employers, and the broader community, and whether it provided for effective dispute resolution mechanisms.

The Commission found that the agreement met the necessary criteria for approval. It provided for the fair and efficient determination of the terms and conditions of employment, taking into account the specific circumstances of the Catholic education sector. The agreement was also considered to be consistent with the objectives of the Fair Work Act, promoting harmonious, productive, and cooperative workplace relations. The Commission also noted that the agreement provided for effective dispute resolution mechanisms, ensuring that any disputes that arose could be resolved in a fair and efficient manner.

The Commission approved the Victorian Catholic Education Multi Enterprise Agreement 2013, effective from 1 July 2013. The agreement was to apply to employees who were engaged under an employment contract in the Catholic education sector in Victoria, and who were not covered by another applicable multi-enterprise agreement. The approval of the agreement ensures that the terms and conditions of employment for these employees are governed by a fair and efficient agreement, promoting harmonious and productive workplace relations in the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established