Roman Catholic Church Trust Corporation Of The Archdiocese Of Hobart Trading AS Catholic Education Tasmania

[2025] FWCA 978

[2025] FWCA 978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Roman Catholic Church Trust Corporation Of The Archdiocese Of Hobart Trading AS Catholic Education Tasmania

(AG2025/592)

TASMANIAN CATHOLIC EDUCATION SINGLE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the Tasmanian Catholic Education Single Enterprise Agreement 2024

1. An application has been made for approval of a single interest employer agreement known as the Tasmanian Catholic Education Single Enterprise Agreement 2024 (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 Trust Corporation of the Archdiocese of Hobart trading as Catholic Education Tasmania (Catholic Education Tasmania).

1. The Agreement is a multi-enterprise agreement and states that it covers the following employer entities:

1. Catholic Education Tasmania
2. Dominic College Glenorchy Limited T/A Dominic College
3. Edmund Rice Education Australia Flexible Schools Ltd T/A Tasmanian Flexible Schools (St Francis Flexible School)
4. Edmund Rice Education Australia Colleges Ltd trading as St Virgil’s College, Hobart.

1. I note that a Single Interest Employer Authorisation was issued by Deputy President Hampton on 5 July 2024 (correction issued on 16 January 2025)[1].

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed by Catholic Education Tasmania was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.

Casual employees

1. My chambers sent correspondence to the parties outlining an issue regarding the workforce. From the material on filed in support of this application, a significant number of casual employees cast a vote in relation to the ballot over the agreement. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[2], and in circumstances I was concerned that if employees voted in the ballot who were not eligible to vote the outcome may have been affected.

1. Further information was provided on behalf of Catholic Education Tasmania in relation to this issue. While it was accepted that some casual employees may have been inadvertently been included in the ballot who were not employed “at the time” of the vote, this additional information satisfied me that this would not have changed the ultimate outcome of the vote.

Interaction with the National Employment Standards

1. Clause 12.2 of the Agreement provides that nothing in the Agreement will operate to provide a less favourable outcome for employees in a particular respect than that provided by the National Employment Standards (NES) and employee entitlements under this agreement apply unless a superior condition applies in accordance with the NES (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 37.9 of the Agreement requires that as soon as possible and where practicable within one hour of the commencement of the Employee's normal working day, inform he Employer of his/her inability to attend for work, and as far as practicable, the estimated duration of absence. To the extent this requires a more onerous provision of notice than is required by the NES, I note that as a result of the NES precedence clause, the provisions of the NES will prevail – particular in relation to, for example, s 107(2)(a) of the Act, which provides that notice may be given after the leave has commenced.

b.Clauses 57.2.2 and 72.6 of the Agreement relate to the dismissal of employees for “misconduct”. To the extent there is any inconsistency with the NES arising from these provisions, I note that as a result of the NES precedence clause, the provisions of the NES will prevail – particular in relation to, for example, s 123(1)(b) of the Act, which relates to termination of employment involving “serious misconduct”.

Consideration

1. I raised several issues with Catholic Education Tasmania in relation to the application of the better off overall test in relation to this Agreement. Further information was provided, and on the basis of this information and the foregoing, 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.

1. The Independent Education Union of Australia (IEU) 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 CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

[1] PR776685

[2]  [2019] FWCFB 7599

Printed by authority of the Commonwealth Government Printer

<AE528408  PR785409>