Catholic Education Office Northern Territory Diocese Of Darwin T/A Catholic Education Northern Territory

[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

Annexure A

CaseChat Overview and Summary

The Catholic Education Office Northern Territory Diocese of Darwin, trading as the Catholic Education Northern Territory, applied to the Fair Work Commission for the approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2022. The application was contested by the Australian Education Union, which argued that the proposed agreement did not adequately address certain issues, including the payment of allowances, shift penalties, and the provision of a safe working environment. The dispute was heard by the Commission, which needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a safety net of minimum wages and conditions, and whether it was sufficiently free from coercion and undue influence. The Commission examined the provisions of the agreement in light of the legislative criteria and considered the arguments presented by both parties. The Commission found that the agreement provided for a safety net of minimum wages and conditions, and that it was not entered into under coercion or undue influence.

In reaching its decision, the Commission noted that the agreement provided for a comprehensive set of minimum wages and conditions, which were consistent with the relevant awards and the general principles of the Fair Work Act. The Commission also found that there was no evidence of coercion or undue influence in the negotiation or execution of the agreement. Accordingly, the Commission approved the agreement, subject to certain modifications to address the concerns raised by the Australian Education Union. The modifications included clarification of the payment of allowances and shift penalties, and the provision of additional safeguards to ensure a safe working environment.

The Fair Work Commission approved the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2022, subject to modifications. The modifications related to the payment of allowances, shift penalties, and the provision of a safe working environment. The Commission found that the agreement met the legislative criteria for approval, and that there was no evidence of coercion or undue influence in its negotiation or execution. The approved agreement provides for a safety net of minimum wages and conditions, and sets out the terms and conditions of employment for Catholic school employees in the Northern Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established