Catholic Education Office Northern Territory Diocese Of Darwin T/A Catholic Education Northern Territory
[2023] FWCA 339
•6 FEBRUARY 2023
| [2023] FWCA 339 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Catholic Education Office Northern Territory Diocese Of Darwin T/A Catholic Education Northern Territory
(AG2022/5509)
CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2022
| Educational services | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 6 FEBRUARY 2023 |
Application for approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2022
Catholic Education Northern Territory has applied for approval of an enterprise agreement known as the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation, the Independent Education Union of Australia and the United Workers’ Union, 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 5.2.4 – Substitution of Public Holidays; and
· Clause 5.7 – Compassionate Leave.
However, noting clause 1.3 of the Agreement and the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2023. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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