DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Employment Relations Limited
(AG2021/6028)

CATHOLIC EDUCATION OFFICE, ARCHDIOCESE OF CANBERRA AND GOULBURN, ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 21 JULY 2021

Application for approval of the Catholic Education Office, Archdiocese of Canberra and Goulburn, Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Education Office, Archdiocese of Canberra and Goulburn, Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Employment Relations Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Independent Education Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Catholic Employment Relations Limited sought approval of the Catholic Education Office, Archdiocese of Canberra and Goulburn, Enterprise Agreement 2020. The Catholic Education Office, Archdiocese of Canberra and Goulburn opposed the application, arguing that the proposed agreement contained terms that were not fair and reasonable. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the terms of the agreement were fair and reasonable. The Commission noted that the agreement contained several provisions that were not in line with the objectives of the Act, including provisions that allowed for the payment of casual loading to employees who were not genuinely casual, and provisions that limited the ability of employees to access paid parental leave. The Commission also noted that the agreement contained several provisions that were not consistent with the applicable award, including provisions that provided for lower rates of pay for certain employees.

The Commission found that the agreement did not meet the criteria for approval. The Commission noted that the provisions that were not in line with the objectives of the Act and the applicable award were not justified by any genuine operational requirements of the employer. The Commission also noted that the agreement did not provide for adequate protections for employees, including protections for employees who were not genuinely casual, and protections for employees who were seeking to access paid parental leave. The Commission concluded that the agreement was not fair and reasonable, and therefore could not be approved.

The Commission refused to approve the agreement. The Commission noted that the agreement contained several provisions that were not fair and reasonable, and that these provisions could not be justified by any genuine operational requirements of the employer. The Commission also noted that the agreement did not provide for adequate protections for employees, and that these protections were necessary to ensure that the agreement was fair and reasonable. The Commission concluded that the agreement could not be approved, and that the application should be dismissed.

Catholic Employment Relations Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established