Catholic Schools Parramatta Diocese Limited

[2025] FWCA 179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Catholic Schools Parramatta Diocese Limited

(AG2024/4854)

CATHOLIC SCHOOLS PARRAMATTA DIOCESE LIMITED - COUNSELLORS ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Catholic Schools Parramatta Diocese Limited - Counsellors Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Catholic Schools Parramatta Diocese Limited - Counsellors Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Schools Parramatta Diocese Limited. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Catholic Schools Parramatta Diocese Limited applied to the Fair Work Commission for approval of the Counsellors Enterprise Agreement 2024. The applicant, an employer of school counsellors, sought to formalise the terms and conditions of employment for counsellors employed by Catholic schools within the Parramatta Diocese. The dispute arose from the need to establish a legally binding enterprise agreement that would regulate the working relationship between the employer and the employees.

The legal issues before the Commission were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "good faith" bargain, free from any prohibited content, and if it provided for the proper protection of employees' rights and interests. Additionally, the Commission needed to assess whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission found that the proposed agreement satisfied the requirements for approval. The agreement was deemed to be a good faith bargain, as it reflected a negotiated outcome between the parties. The Commission confirmed that the agreement did not contain any prohibited content and that it provided for the proper protection of employees' rights and interests. Furthermore, the Commission was satisfied that the agreement complied with the relevant legislative provisions. Accordingly, the Commission approved the application for the Counsellors Enterprise Agreement 2024.

The Fair Work Commission approved the application for the Counsellors Enterprise Agreement 2024. The agreement is now a legally binding document that regulates the employment relationship between Catholic Schools Parramatta Diocese Limited and the school counsellors employed by Catholic schools within the Parramatta Diocese.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established