DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dr Daniel J White, Executive Director of Catholic Schools and legal representative of Sydney Catholic Schools T/A Sydney Catholic Schools
(AG2017/1032)

PRINCIPALS (ARCHDIOCESE OF SYDNEY) ENTERPRISE AGREEMENT 2017-2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2017

Application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2017-2019.

[1] On 28 March 2016, Dr Daniel J White, Executive Director of Catholic Schools and legal representative of Sydney Catholic Schools T/A Sydney Catholic Schools (Applicant) made an application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2017-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Dr Daniel J White, who was the Executive Director of Catholic Schools and a legal representative of Sydney Catholic Schools T/A Sydney Catholic Schools. The dispute centred on the application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2017-2019. This application was made to the Fair Work Commission, which was the relevant court in this matter.

The legal issues that the court was required to decide included whether the agreement was in the interests of the employees and the employer, whether the agreement complied with the Fair Work Act 2009, and whether the agreement was consistent with the principles of enterprise bargaining. The court also needed to consider whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance.

The court's reasoning and outcome were based on a detailed analysis of the agreement and its provisions. The court found that the agreement was in the interests of both the employees and the employer, and that it complied with the Fair Work Act 2009. The court also found that the agreement was consistent with the principles of enterprise bargaining, and that it provided for appropriate mechanisms for resolving disputes and ensuring compliance. As a result, the court approved the agreement.

The final orders of the court included the approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2017-2019, subject to certain conditions and modifications. These conditions and modifications related to the agreement's provisions on pay rates, leave entitlements, and dispute resolution mechanisms. The court's approval of the agreement was subject to the parties' compliance with the conditions and modifications, and the agreement's continued compliance with the Fair Work Act 2009.

Dr Daniel J White, Executive Director of Catholic Schools and legal representative of Sydney Catholic Schools T/A Sydney 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