DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Catholic Schools Ltd ACN 619 137 343 as Trustee for the Sydney Catholic Schools Trust ABN 26 158 447 082
(AG2020/4107)

PRINCIPALS (ARCHDIOCESE OF SYDNEY) ENTERPRISE AGREEMENT 2020 - 2021

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 29 JANUARY 2021

Application for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2020 - 2021.

[1] Application has been made by the Sydney Catholic Schools Ltd ACN 619 137 343 as Trustee for the Sydney Catholic Schools Trust ABN 26 158 447 082 for approval of a single enterprise agreement known as the Principals (Archdiocese of Sydney) Enterprise Agreement 2020 - 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2021. The nominal expiry date of the Agreement is 31 December 2021.

[4] The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by Sydney Catholic Schools Ltd ACN 619 137 343 as Trustee for the Sydney Catholic Schools Trust ABN 26 158 447 082 for approval of the Principals (Archdiocese of Sydney) Enterprise Agreement 2020 - 2021. The applicant sought approval of the agreement, which governed the employment conditions of principals within the Sydney Catholic Schools system. The primary legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009 (Cth) and was fair and reasonable in accordance with the relevant provisions. Specifically, the court needed to consider whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it was made in good faith.

The court considered the statutory criteria for approving an enterprise agreement under the Fair Work Act. It examined whether the agreement was free from any improper influence or interference and was genuinely negotiated between the parties. The court also assessed the provisions of the agreement to ensure they complied with the minimum standards prescribed by the Act, including those relating to wages, hours of work, and other employment conditions. Additionally, the court evaluated whether the agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees. The court found that the agreement satisfied all the statutory requirements and was fair and reasonable, given the context of the negotiations and the interests of both parties.

In approving the Principals (Archdiocese of Sydney) Enterprise Agreement 2020 - 2021, the court concluded that the agreement met the necessary criteria under the Fair Work Act. The court determined that the agreement was genuinely negotiated and free from any improper influence or interference. It also found that the agreement provided for terms and conditions of employment that were fair and reasonable, and complied with the minimum standards prescribed by the Act. Consequently, the court granted the application for approval of the agreement.

Sydney Catholic Schools Ltd ACN 619 137 343 as Trustee for the Sydney Catholic Schools Trust ABN 26 158 447 082

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established