Catholic Employment Relations Ltd

[2024] FWCA 967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catholic Employment Relations Ltd

(AG2024/435)

SUPPORT STAFF (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND’S COLLEGE CANBERRA) MULTIENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 18 MARCH 2024

Application for approval of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) MultiEnterprise Agreement2023

An application has been made for the approval of an enterprise agreement known as the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) MultiEnterprise 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.

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

Daramalan College, trading as Daramalan;
Marist Schools Australia Limited, trading as Marist College Canberra; and,
Edmund Rice Education Australia Colleges Ltd, trading as St Edmund’s College, Canberra.

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 2 May 2023, 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.

Section 190 Undertakings

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

Subject to the undertakings referred to above at [4], 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. Taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees covered by the Agreement was fairly chosen.

Section 183 Bargaining Representatives

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.

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 25 March 2024. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The case of Catholic Employment Relations Ltd involved a dispute regarding the approval of a multi-enterprise agreement affecting support staff at three Catholic colleges in Canberra. The application for approval of the agreement was made in the Fair Work Commission, the body responsible for regulating workplace relations in Australia. The colleges involved were Daramalan College, Marist College Canberra, and St Edmund's College Canberra.

The primary legal issues before the court were whether the agreement met the statutory requirements for multi-enterprise agreements under the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees covered by the agreement. The court had to consider if the agreement was made in good faith and whether it contained provisions that ensured the protection of employee interests, including minimum wage rates, penalty rates, leave entitlements, and other conditions of employment.

The court found that the agreement satisfied all statutory requirements and was made in good faith. It contained provisions that ensured fair and reasonable terms for the employees, including appropriate minimum wage rates, penalty rates, and leave entitlements. The court also noted the collaborative approach taken by the parties in negotiating the agreement, which contributed to its fairness and reasonableness. Consequently, the court approved the multi-enterprise agreement.

The final orders of the court were that the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College Canberra) Multi-Enterprise Agreement 2023 be approved, effective from the date of the decision. This approval allowed the agreement to be implemented, providing a framework for the employment conditions of the support staff at the three colleges.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established