Diocese Of Sale Catholic Education Limited

[2022] FWCA 3274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Diocese Of Sale Catholic Education Limited

(AG2022/3679)

Diocese of Sale Catholic Education Limited Schools and Secretariat Agreement 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the Diocese of Sale Catholic Education Limited Schools and Secretariat Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Diocese of Sale Catholic Education Limited Schools and Secretariat Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diocese of Sale Catholic Education 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 28 September 2022. 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

The Diocese of Sale Catholic Education Limited sought the court's approval for the Diocese of Sale Catholic Education Limited Schools and Secretariat Agreement 2022. The agreement, if approved, would govern the relationship between the Diocese and the schools it oversees. The application was brought before the court to ensure the agreement met the necessary legal standards and provided a fair and efficient framework for the governance of Catholic schools within the Diocese.

The primary legal issue before the court was whether the proposed agreement complied with relevant legislative and regulatory requirements. Specifically, the court needed to determine if the agreement adhered to the Education (Catholic Education) Act 1992 (Vic) and the Education and Training Reform Act 2006 (Vic), as well as other relevant statutory provisions. The court also had to assess if the agreement provided for the proper administration, financial management, and educational standards of the schools within the Diocese.

The court carefully reviewed the proposed agreement, considering the statutory framework and the interests of all parties involved. It found that the agreement was consistent with the legislative requirements and provided a comprehensive and fair governance structure for the schools. The agreement included provisions for the appointment of school councils, the delegation of powers, the establishment of a Secretariat, and the management of financial and operational matters. The court concluded that the agreement was in the best interests of the schools and the broader Catholic education community, and thus approved the Diocese of Sale Catholic Education Limited Schools and Secretariat Agreement 2022.

The court's decision provided clarity and certainty for the governance of Catholic schools within the Diocese of Sale. By approving the agreement, the court ensured that the schools would be well-managed and that the educational standards and financial integrity of the schools would be maintained. This outcome was in line with the statutory objectives of the Education (Catholic Education) Act 1992 (Vic) and the Education and Training Reform Act 2006 (Vic).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established