Catholic Education Commission of Victoria Ltd

[2023] FWCA 2379

[2023] FWCA 2379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Education Commission of Victoria Ltd

(AG2023/2229)

CATHOLIC EDUCATION MULTI-ENTERPRISE AGREEMENT 2022: DIOCESE OF BALLARAT, DIOCESE OF SANDHURST, ARCHDIOCESE OF MELBOURNE AND LAVALLA CATHOLIC COLLEGE, TRARALGON

Educational services
COMMISSIONER MATHESON	SYDNEY, 31 JULY 2023

Application for approval of the Catholic Education Multi-Enterprise Agreement 2022: Diocese of Ballarat, Diocese of Sandhurst, Archdiocese of Melbourne and LavallaCatholic College, Traralgon

1. An application has been made for approval of an enterprise agreement known as the Catholic Education Multi-Enterprise Agreement 2022: Diocese of Ballarat, Diocese of Sandhurst, Archdiocese of Melbourne and Lavalla Catholic College, Traralgon (Agreement). The application was made by the Catholic Education Commission of Victoria Ltd (Applicant), as bargaining representative for the employers covered by the Agreement, pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

1. Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 17 June 2022. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act dealing with genuine agreement in force immediately prior to 6 June 2023.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The employers covered by the Agreement have provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Independent Education Union and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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Annexure A