Sydney Catholic Schools Limited ACN 619 137 343 As Trustee For Sydney Catholic Schools Trust ABN 26 158 447 082

[2024] FWCA 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Catholic Schools Limited ACN 619 137 343 As Trustee For Sydney Catholic Schools Trust ABN 26 158 447 082

(AG2024/1012)

PRINCIPALS (ARCHDIOCESE OF SYDNEY) ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2024

Application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Principals (Archdiocese of Sydney) 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 Sydney Catholic Schools Limited ACN 619 137 343 As Trustee For Sydney Catholic Schools Trust ABN 26 158 447 082. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

In the circumstances of this Agreement the better overall test pursuant to ss.193 and 193A does not apply, as the employees to be covered by this Agreement are not employees covered by an award nor are they prospective award covered employees.

Nothing in the Act prevents the making of an enterprise agreement which covers employees that are not covered by an award.[1] In such circumstances, the better off overall test has no effect, but satisfaction with s.206 is required. I am satisfied that the Agreement satisfies the applicable national minimum wage order as required by s.206 of the Act which provides for a base rate of pay under enterprise agreements. Relevantly s.206(3) provides:

(3)  If:
(a)  an enterprise agreement applies to an employee; and
(b)  the employee is not covered by a modern award that is in operation; and

(c) a national minimum wage order would, but for the agreement applying to the employee, require the employee's employer to pay the employee a base rate of pay (the employee's order rate) that at least equals the national minimum wage, or a special national minimum wage, set by the order;

the base rate of pay payable to the employee under the enterprise agreement (the agreement rate) must not be less than the employee's order rate.

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) I note that the Agreement covers the organisation. Further, I observe that the form F18 submitted by the Independent Education Union of Australia has given notice that it supports the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 26 April 2024. The nominal expiry date of the Agreement is 9 October 2024.

COMMISSIONER

[1] Sunnyhaven Limited [2012] FWAFB 9086 [10]-[14].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sydney Catholic Schools Limited, acting as trustee for the Sydney Catholic Schools Trust, filed an application before the Fair Work Commission for the approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2024. The matter involved the negotiation and endorsement of a collective agreement governing the employment terms and conditions for principals within the Archdiocese of Sydney Catholic schools.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009, particularly concerning the provisions for minimum entitlements, procedural fairness, and the proper negotiation process. The court was tasked with verifying if the agreement adhered to the legislative framework and if it was fair and reasonable in its terms and conditions.

The Fair Work Commission carefully examined the evidence and submissions presented by both parties. It found that the agreement was negotiated in good faith and covered the necessary minimum entitlements as stipulated by the Act. The Commission also determined that the agreement was fair and reasonable, taking into account the interests of both employees and employers, and approved the application. The decision was based on the comprehensive analysis of the agreement's provisions, the context of the negotiations, and the alignment with statutory requirements.

The final orders of the Commission included the approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2024, effective from the date of the decision. This ruling provided legal certainty and a framework for the employment conditions of the principals within the specified schools, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established