DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn
(AG2018/3277)

ROMAN CATHOLIC ARCHDIOCESE OF CANBERRA AND GOULBURN CATHOLICCARE CANBERRA & GOULBURN ENTERPRISE AGREEMENT (CATHOLICCARE CANBERRA & GOULBURN) 2017-2020

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 MARCH 2019

Application for approval of the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement lodged contained an error at Attachment 1. On 29 January 2018, the Applicant filed an amended version of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Independent Education Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Roman Catholic Church for the Archdiocese of Canberra and Goulburn, acting as trustees for CatholicCare T/A CatholicCare Canberra & Goulburn, applied for the approval of their Enterprise Agreement for the years 2017-2020. The dispute revolved around the terms and conditions of employment for the employees of CatholicCare Canberra & Goulburn, with an emphasis on the procedural aspects of the agreement's approval. The Commission was tasked with determining whether the agreement was fairly and appropriately made and if it adhered to the necessary legal and procedural requirements.

The primary legal issue before the Commission was whether the Enterprise Agreement had been genuinely negotiated and whether the procedural requirements set out in the Fair Work Act 2009 were met. Specifically, the Commission needed to consider if the agreement was made in good faith and whether there was sufficient evidence of proper consultation and negotiation between the parties. Furthermore, the Commission examined whether the agreement was consistent with the objectives of the Fair Work Act, which include promoting high levels of economic and social participation and encouraging cooperative relationships.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and made in good faith. The Commission determined that there was sufficient evidence of meaningful consultation and negotiation between the parties, and that the agreement was consistent with the objectives of the Fair Work Act. The Commission approved the Enterprise Agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees of CatholicCare Canberra & Goulburn. The approval of the agreement was made subject to specific conditions, including the requirement for the parties to adhere to the terms of the agreement and to continue to engage in good faith negotiations in the future.

The final orders of the Commission included the approval of the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement 2017-2020, with the aforementioned conditions attached. The Commission directed that the agreement would come into effect on the date of the decision and would remain in force until the end of the specified term, unless terminated earlier in accordance with the agreement or the Fair Work Act. The Commission also directed that any disputes arising from the interpretation or application of the agreement would be resolved through the processes set out in the agreement or, if necessary, through the Fair Work Commission.

Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established