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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CaseChat Overview and Summary

In the matter of 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 applicants sought approval of the Townsville Catholic Education Principals’ Agreement 2020-2024. The dispute arose in the Queensland Civil and Administrative Tribunal, where the primary issue was whether the proposed agreement met the legal standards for approval under the Education (General Provisions) Act 2006. The applicants argued that the agreement was necessary to ensure fair and equitable terms for the principals of Catholic schools, while the respondents contended that certain provisions of the agreement were inconsistent with the statutory framework and could potentially undermine the governance of Catholic schools.

The Tribunal considered the legal requirements for the approval of employment agreements under the Act, focusing on the necessity for the agreement to be consistent with the overarching legislative framework and to ensure the protection of the interests of both the principals and the schools. The Tribunal examined the provisions of the proposed agreement in light of the statutory obligations, particularly the requirement for the agreement to facilitate the efficient and effective operation of the schools. The key issue was whether the agreement's terms were in line with the legislative intent to promote the religious character and ethos of Catholic schools.

In reaching its decision, the Tribunal concluded that the proposed agreement largely met the statutory requirements and did not contravene the legislative framework. The Tribunal found that the agreement provided for fair and reasonable terms for the principals, and that its provisions were necessary to support the operation of the schools in a manner consistent with the religious character and ethos of Catholic education. The Tribunal approved the Townsville Catholic Education Principals’ Agreement 2020-2024, subject to certain conditions to ensure ongoing compliance with the statutory requirements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established