Corporation of the Trustees of the Roman Catholic Trust Corporation for the Diocese of Townsville, operating as Townsville Catholic Education Office T/A Townsville Catholic Education

[2021] FWCA 4258

[2021] FWCA 4258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporation of the Trustees of the Roman Catholic Trust Corporation for the Diocese of Townsville, operating as Townsville Catholic Education Office T/A Townsville Catholic Education
(AG2021/5842)

TOWNSVILLE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2020-2024

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2021

Application for approval of the Townsville Catholic Education Principals’ Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Catholic Education 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 Corporation of the Trustees of the Roman Catholic Trust Corporation for the Diocese of Townsville, operating as Townsville Catholic Education Office T/A Townsville Catholic Education (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] Noting the undertaking provided by the Applicant, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to ss. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[7] The Independent Education Union (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the IEU wants the Agreement to cover it.

[8] In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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