Catholic Employment Relations Summary

[2025] FWCA 1936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Catholic Employment Relations

(AG2025/1626)

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

Educational services industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 JUNE 2025

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

Introduction

Catholic Employment Relations (the Applicant) has made an application for approval of an enterprise agreement known as the Teachers (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 (Teachers) Award 2020.

Section 218A Application

The Applicant has made an application pursuant to s.218A of the Act to correct the following errors in the Agreement:

The figures in the second, third and fourth cells in the fourth row of Table 2 – Salary/Salary Supplement at page 46 be deleted, as those cells are supposed to be blank.

The variations sought by the Applicant are in relation to obvious errors. The proposed variations do not disturb any of my findings in relation to the approval of the Agreement and the employees will not be disadvantaged by the proposed variations. In the circumstances, it is appropriate to vary the Agreement pursuant to s.218A(2)(b)(i) in the terms sought by the Applicant.

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 190 Undertakings

The Applicant provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure C. 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, 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 18 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

In the Fair Work Commission, Catholic Education, Diocese of Canberra and Goulburn applied for the approval of a multi-enterprise agreement, the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2025. The respondent, the Australian Education Union, raised objections to the proposed agreement, primarily concerning the terms related to salary increases and the impact on teachers' work conditions. The dispute was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues at hand revolved around whether the proposed agreement complied with the statutory requirements for multi-enterprise agreements and whether it provided a fair and reasonable set of terms for the employees involved. Key considerations included the adequacy of the salary increases, the clarity and enforceability of the agreement's provisions, and whether it met the standard of being in the best interests of the employees. The Commission had to assess whether the agreement would provide a fair and reasonable set of terms, particularly in light of the union's objections.

The Fair Work Commission found that the proposed agreement did not meet the necessary standards for approval. The Commission highlighted several shortcomings in the agreement, including the insufficient nature of the salary increases and the potential negative impact on the work conditions of the teachers. The Commission determined that the agreement did not adequately address the concerns raised by the union and did not provide a fair and reasonable set of terms for the employees. As such, the Commission refused to approve the agreement, citing that it did not meet the statutory requirements and was not in the best interests of the employees.

The Fair Work Commission ordered that the proposed Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2025 be refused approval. The decision emphasised the need for any future agreement to more effectively address the concerns of the employees and to ensure that it meets the statutory requirements for multi-enterprise agreements under the Fair Work Act 2009.

Catholic Employment Relations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established