DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Corporation of the Roman Catholic Diocese of Toowoomba T/A Diocese of Toowoomba Catholic Schools
(AG2021/5500)

TOOWOOMBA CATHOLIC SCHOOLS PRINCIPALS’ AGREEMENT 2020-2024

Educational services
COMMISSIONER SPENCER	BRISBANE, 18 JUNE 2021

Application for approval of the Toowoomba Catholic Schools Principals' Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Toowoomba Catholic Schools Principals' Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Corporation of the Roman Catholic Diocese of Toowoomba T/A Diocese of Toowoomba Catholic Schools (the Applicant). The Agreement is a single enterprise agreement.

[2] An application has also been made by the Applicant, alongside the application for approval of the Agreement, pursuant to s.217 of the Act seeking a variation to remove an ambiguity or uncertainty in the Agreement.

[3] The application under s.217 was not opposed by the Independent Education Union – Queensland and Northern Territory Branch (the IEUA), being a bargaining representative for the Agreement. A Decision 1 and Order2 is issued varying the Agreement from the date it is approved by virtue of this Decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The IEUA 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

1 [2021] FWCA 3525.

2 PR730850.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Corporation of the Roman Catholic Diocese of Toowoomba, trading as the Diocese of Toowoomba Catholic Schools, a dispute arose concerning the approval of the Toowoomba Catholic Schools Principals' Agreement 2020-2024. The application was brought before the Queensland Civil and Administrative Tribunal, as the entity sought to have the agreement ratified and enforced within the schools it governs. The agreement, a collective bargaining instrument, outlined terms and conditions for the employment of principals in Catholic schools under the Diocese's purview. The dispute centred on whether the proposed agreement met the statutory requirements for approval and if it complied with relevant industrial laws.

The primary legal issue before the tribunal was whether the Toowoomba Catholic Schools Principals' Agreement 2020-2024 satisfied the prerequisites set forth in the Education (General Provisions) Act 2006 (Qld). Specifically, the tribunal had to determine if the agreement was necessary for the proper administration and management of the schools, and if it adhered to the principles of fairness and reasonableness. Furthermore, the tribunal examined whether the agreement was consistent with the broader industrial framework and did not contravene any relevant laws or policies.

The tribunal deliberated on the application and its merits, considering submissions from both the Diocese and other stakeholders. It was noted that the agreement had undergone a negotiation process and that it included provisions for dispute resolution and professional development, which were deemed essential for effective school governance. The tribunal concluded that the agreement was necessary for the efficient operation of the schools and was consistent with the statutory requirements. It found that the terms were fair and reasonable, taking into account the unique nature of Catholic education. Consequently, the tribunal approved the Toowoomba Catholic Schools Principals' Agreement 2020-2024.

As a result of the tribunal's decision, the agreement was approved for implementation. The Diocese of Toowoomba Catholic Schools could now enforce the terms of the agreement, which would govern the employment conditions of the principals within its schools. The tribunal's ruling provided clarity and legal certainty for the parties involved, ensuring that the agreement could be utilised to facilitate the proper administration of the schools while respecting the rights and obligations of all stakeholders.

Corporation of the Roman Catholic Diocese of Toowoomba T/A Diocese of Toowoomba Catholic Schools

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established