Catholic Employment Relations Ltd

[2024] FWCA 1017

[2024] FWCA 1017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Employment Relations Ltd

(AG2024/436)

NSW CATHOLIC INDEPENDENT SCHOOLS (TEACHERS-MODEL C) MULTI-ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 21 MARCH 2024

Application for approval of the NSW Catholic Independent Schools (Teachers-Model C) Multi-Enterprise Agreement 2023

Introduction

1. An application has been made for the approval of an enterprise agreement known as the NSW Catholic Independent Schools (Teachers-Model C) Multi-Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Catholic Employment Relations Ltd in its capacity as the appointed employer bargaining representative pursuant to s.176(1)(d) of the Act.

1. The Agreement is a multi-enterprise agreement. The Agreement covers the following employer entities:

• St Paul’s International College;
• Howayek Blessings Limited, trading as St Maroun’s College;
• Howayek Providence Limited, trading as Maronite College of The Holy Family;
• St Charbel’s College Limited;
• Marist Schools Australia Limited, trading as Red Bend Catholic College;
• Marist Schools Australia Limited, trading as The John Berne School;
• Melkite Catholic Eparchy Corporation, trading as Holy Saviour School;
• Boys’ Town Engadine, trading as Dunlea Centre - Australia’s Original Boys’ Town; and,
• Trinity Catholic College Lismore Limited, trading as Trinity Catholic College Lismore.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 11 February 2022, the genuine agreement requirements for agreement approval in Part 2-4 of the Act, as it was just before 6 June 2023, apply to the present application. Further, as the Agreement was made on 16 February 2024 the better off overall test requirements in Part 2-4 of the Act as amended on 6 June 2023 apply.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was 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.

Notice of Employee Representational Rights (NERR)

1. The NERR was provided to employees on various dates between two and seven calendar days before the notification time of 11 February 2022.

1. I am satisfied on the basis of the material before the Commission, and having had regard to s.173(3) and (4) of the Act, that the NERR was provided to employees within a reasonable period before the notification time for the Agreement.

Section 190 Undertakings

1. The employer 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.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above at [7], and on the basis of the material and submissions before me, 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

1. The Independent Education Union (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.

1. In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523912  PR772613>

ANNEXURE A