DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CatholicCare as an accredited agency of the Trustees for the Roman Catholic Church for the Archdiocese of Canberra and Goulburn T/A CatholicCare Canberra & Goulburn
(AG2015/7537)

ROMAN CATHOLIC ARCHDIOCESE OF CANBERRA AND GOULBURN CATHOLICCARE CANBERRA & GOULBURN ENTERPRISE AGREEMENT (CATHOLICCARE CANBERRA & GOULBURN) 2015-2017

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2016

Application for approval of the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CatholicCare as an accredited agency of the Trustees for the Roman Catholic Church for the Archdiocese of Canberra and Goulburn T/A CatholicCare Canberra & Goulburn. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union and Independent Education Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Catholic Church, acting through CatholicCare as an accredited agency of the Trustees for the Roman Catholic Church for the Archdiocese of Canberra and Goulburn, sought approval for a new Enterprise Agreement with its employees. The dispute was heard in the Fair Work Commission, with the Church arguing that the proposed agreement would better manage its financial resources and ensure the sustainability of its charitable activities. The opposing party was the Australian Council of Trade Unions, which represented the employees and contested the agreement's terms, arguing that they were unfair and detrimental to the workers.

The central legal issues revolved around whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided fair and reasonable terms for the employees, and whether it was consistent with the overarching principles of the Act. The Commission also had to consider whether the agreement was made in good faith, and whether it met the "better off overall test." This test required the Commission to assess whether the overall benefits of the agreement outweighed any detriments to the employees.

The Commission found that the proposed agreement was fair and reasonable, and that it met the better off overall test. The Commission noted that the agreement provided for a number of benefits for the employees, including wage increases, improved leave provisions, and better working conditions. The Commission also found that the agreement was made in good faith, and that it was consistent with the principles of the Fair Work Act. The Commission therefore approved the proposed agreement, subject to certain modifications that it deemed necessary to ensure that it met the statutory requirements.

The Commission's decision provides important guidance for employers and employees in the not-for-profit sector. It demonstrates the importance of ensuring that Enterprise Agreements are fair and reasonable, and that they meet the statutory requirements of the Fair Work Act. The decision also highlights the need for employers to consider the broader social and charitable objectives of their organisations when negotiating with their employees.

CatholicCare as an accredited agency of the Trustees for the Roman Catholic Church for the Archdiocese of Canberra and Goulburn T/A CatholicCare Canberra & Goulburn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established