Roman Catholic Trust Corporation for the Diocese of Townsville Trading AS Townsville Catholic Education Office Summary

[2025] FWCA 2832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Roman Catholic Trust Corporation for the Diocese of Townsville Trading AS Townsville Catholic Education Office

(AG2025/2724)

TOWNSVILLE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2024-2028

Educational services
COMMISSIONER HUNT	BRISBANE, 25 AUGUST 2025

Application for approval of the Townsville Catholic Education Principals’ Agreement 2024-2028

Roman Catholic Trust Corporation for the Diocese of Townsville T/A Townsville Catholic Education Office (the Employer) has applied for approval of an enterprise agreement known as the Townsville Catholic Education Principals’ Agreement 2024-2028. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 June 2025 and the Agreement was made on 5 August 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from
1 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Townsville Catholic Education Principals’ Agreement 2024-2028. The applicants, the Roman Catholic Trust Corporation for the Diocese of Townsville trading as Townsville Catholic Education Office, sought the Commission's endorsement of the agreement which aimed to govern the employment terms and conditions of principals within the Townsville Catholic Education system. The nature of the dispute was the necessity for the Commission to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the agreement provided for the fair remuneration of principals, included appropriate protections and entitlements, and whether it was free from any unlawful terms. Additionally, the Commission had to assess if the agreement was negotiated in good faith and whether it complied with relevant provisions of the Fair Work Act. This included examining the process by which the agreement was developed and whether there was adequate consultation with the principals involved.

In considering these issues, the Commission reviewed the terms of the proposed agreement, the negotiation process, and the evidence provided by both parties. The Commission found that the agreement contained provisions that were fair and reasonable, providing adequate protections and benefits for the principals. The negotiation process was deemed to have been conducted in good faith, and the agreement met the necessary legal criteria for approval. Consequently, the Commission approved the Townsville Catholic Education Principals’ Agreement 2024-2028, thereby resolving the application in favour of the applicants.

Roman Catholic Trust Corporation for the Diocese of Townsville Trading AS Townsville Catholic Education Office

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established