DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Education Commission of Victoria Ltd
(AG2018/6452)

VICTORIAN CATHOLIC EDUCATION MULTI-ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Victorian Catholic Education Multi-Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Catholic Education Multi-Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia 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) I note that the Agreement covers the organisations.

[4] I note that Clause 20.2 is inconsistent with the National Employment Standards (NES) as it can operate to terminate an employee’s employment with a retrospective date of effect. Given the NES precedence clause at clause 7 of the agreement, I am satisfied that nothing in the agreement will operate to provide a less favourable outcome for employees in a particular respect than that provided by the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Catholic Education Commission of Victoria Ltd recently sought approval for the Victorian Catholic Education Multi-Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, which has the power to approve multi-enterprise agreements under the Fair Work Act 2009. The application for approval of the agreement was contested by the National Tertiary Education Union (NTEU), which argued that the agreement was not in the best interests of the employees covered by it.

The key legal issues that the Commission had to decide were whether the agreement met the criteria set out in section 231 of the Fair Work Act for multi-enterprise agreements and whether it was in the best interests of the employees covered by it. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was negotiated in good faith, and whether it provided for the fair and efficient resolution of workplace disputes.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the criteria set out in the Fair Work Act and was in the best interests of the employees covered by it. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was negotiated in good faith, and provided for the fair and efficient resolution of workplace disputes. The Commission approved the agreement, subject to certain modifications, which were intended to address the concerns raised by the NTEU.

The Commission's decision provides important guidance on the criteria that must be met for a multi-enterprise agreement to be approved, and the considerations that must be taken into account in determining whether an agreement is in the best interests of employees. The decision also highlights the importance of good faith negotiations and the need for multi-enterprise agreements to provide for the fair and efficient resolution of workplace disputes. The approval of the Victorian Catholic Education Multi-Enterprise Agreement 2018 will provide certainty and stability for the employees and employers covered by it, and will help to ensure that the terms and conditions of their employment are fair and reasonable.

Catholic Education Commission of Victoria Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established