Catholic Education Office Summary

[2014] FWCA 5959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Catholic Education Office
(AG2014/1592)

CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 28 AUGUST 2014

Application for approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, the Australian Nursing and Midwifery Federation, United Voice and the Shop, Distributive and Allied Employees Association being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers those organisations.

[4] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of various clauses of the Agreement. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 4 September 2014. The nominal expiry date of the Agreement is 3 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Catholic Education Office sought approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014. The application was made to the Fair Work Commission. The respondents to the application were the Australian Education Union and the Catholic Education Union. The dispute arose from negotiations over the terms and conditions of employment for teachers and other staff within Catholic schools in the Northern Territory.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to assess whether the agreement was consistent with the objectives of the Act, including ensuring that employees are treated fairly and that there is an appropriate balance between the rights and obligations of employers and employees. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval.

The Commission determined that the proposed agreement did meet the criteria for approval. It found that the agreement contained terms and conditions that were fair and reasonable, and that it was consistent with the objectives of the Fair Work Act. The Commission also concluded that the agreement complied with the procedural requirements for approval, including the requirement for genuine bargaining. The Commission approved the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2014, thereby resolving the application.

The Commission's final order was that the agreement be approved as a certified agreement under the Fair Work Act. This meant that the agreement would be binding on the parties and would apply to all employees covered by the agreement. The approval of the agreement ensured that teachers and other staff within Catholic schools in the Northern Territory would have a fair and reasonable set of employment terms and conditions.

Catholic Education Office

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established