Roman Catholic Trust Corporation For The Diocese Of Townsville Trading AS Townsville Catholic Education Office

[2025] FWCA 2056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Roman Catholic Trust Corporation For The Diocese Of Townsville Trading AS Townsville Catholic Education Office

(AG2025/1799)

TOWNSVILLE CATHOLIC EDUCATION OFFICE ENTERPRISE AGREEMENT 2024 -2026

Educational services
COMMISSIONER DURHAM	BRISBANE, 23 JUNE 2025

Application for approval of the Townsville Catholic Education Office Enterprise Agreement 2024 -2026

An application has been made for approval of an enterprise agreement known as the Townsville Catholic Education Office Enterprise Agreement 2024 -2026 (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 Trust Corporation For The Diocese Of Townsville Trading AS Townsville Catholic Education Office (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.8.1 of the Agreement, 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.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the Townsville Catholic Education Office Enterprise Agreement 2024-2026, the applicant, Roman Catholic Trust Corporation For The Diocese Of Townsville Trading as Townsville Catholic Education Office, applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought approval under section 232 of the Fair Work Act 2009, which pertains to the process for approving enterprise agreements that have been registered with the Fair Work Commission. The application was made by the applicant's representative, Mr. James.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to determine if the agreement complied with the provisions of the Act that govern the process for approving enterprise agreements, and if it contained terms that were not unduly detrimental to employees or employers. The Commission also needed to consider any objections raised by interested parties and assess whether the agreement met the criteria for being a simple, low-risk agreement.

After reviewing the application and considering the evidence presented, the Commission found that the enterprise agreement met the statutory requirements for approval. The Commission determined that the agreement contained fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission also found that there were no objections raised by interested parties that would prevent the approval of the agreement. As such, the Commission approved the Townsville Catholic Education Office Enterprise Agreement 2024-2026, and the applicant's application was successful.

The Commission's decision was based on the evidence presented and the application of the relevant legal principles. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the requirements of the Fair Work Act 2009. The Commission also found that there were no objections raised by interested parties that would prevent the approval of the agreement. As a result, the Commission approved the enterprise agreement, and the applicant's application was successful. The terms of the approved agreement will now apply to the employees covered by the agreement, and the applicant will be bound by the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established