Catholic Education Diocese of Parramatta Summary

[2022] FWCA 535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Education Diocese of Parramatta

(AG2021/9170)

Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 16 FEBRUARY 2022

Application for approval of the Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021.

Catholic Education Diocese of Parramatta (the Employer) has made an application for the approval of the Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021. The Catholic Education Office of the Diocese of Parramatta sought approval of the agreement, while the Australian Education Union opposed the application. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement complied with the procedural requirements for approval, and whether it contained provisions that were contrary to the public interest or in breach of any existing laws. The commission had to determine if the agreement was made in good faith and whether it provided for the proper negotiation of employees' terms and conditions of employment. Additionally, the court had to consider if the agreement satisfied the "better off overall test," ensuring that employees were not worse off under the new agreement.

In reaching its decision, the commission thoroughly examined the negotiation process and the content of the proposed agreement. The commission found that the agreement was made in good faith and followed the necessary procedural requirements. The commission also determined that the agreement did not contain any provisions that were contrary to the public interest or in breach of any existing laws. Furthermore, the commission concluded that the agreement satisfied the better off overall test, as it provided for improved terms and conditions for the employees. Based on these findings, the commission approved the Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021.

As a result of the court's decision, the Catholic Education Diocese of Parramatta - Counsellors Enterprise Agreement 2021 was approved and came into effect. The agreement now governs the terms and conditions of employment for the counsellors within the Catholic Education Office of the Diocese of Parramatta. The Australian Education Union's opposition to the application was overruled, and the agreement was deemed to be in the best interest of the employees.

Catholic Education Diocese of Parramatta

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established