Catholic Employment Relations

[2025] FWCA 1927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Catholic Employment Relations

(AG2025/1643)

SUPPORT STAFF (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND’S COLLEGE CANBERRA) MULTI-ENTERPRISE AGREEMENT 2025

Educational services industry
DEPUTY PRESIDENT DEAN	CANBERRA, 10 JUNE 2025

Application for approval of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) Multi-Enterprise Agreement 2025

Introduction

Catholic Employment Relations has made an application for approval of an enterprise agreement known as the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) Multi-Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

The Agreement will apply to employees who are covered by the Educational Services (Schools) General Staff Award 2020.

Regulation 2.06 Requirements

The signature pages of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). Amended signature pages were subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Independent Education Union of Australia – New Soth Wales/Australian Capital Territory Branch (IEU) being a bargaining representative for the Agreement, 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2025. The nominal expiry date of the Agreement is 1 October 2027.

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 the approval of a multi-enterprise agreement affecting support staff at three Catholic educational institutions: Daramalan College, Marist College Canberra, and St Edmund’s College Canberra. The proposed agreement, titled the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) Multi-Enterprise Agreement 2025, was submitted for endorsement by the relevant parties.

The key legal issues addressed by the court focused on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court examined if the agreement provided for fair and equitable terms and conditions, and if it allowed for genuine consultation and negotiation processes among the involved parties. Additionally, the court considered whether the agreement adhered to the principles of good faith bargaining and if it was consistent with the overarching objectives of the Fair Work Act.

The court found that the proposed agreement met the requisite standards for approval. It detailed that the agreement provided comprehensive and fair terms for the support staff, ensuring adequate protection and benefits. The court highlighted that the negotiation process had been genuine, with all parties actively participating and reaching a consensus on the terms. Furthermore, the agreement was deemed to be in line with the principles of good faith bargaining and the broader objectives of the Fair Work Act. Based on these findings, the court granted approval for the agreement.

In conclusion, the court approved the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) Multi-Enterprise Agreement 2025, recognising its fairness, the integrity of the negotiation process, and its compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established