The Corporation of the Roman Catholic Diocese of Toowoomba - Catholic Schools T/A Diocese of Toowoomba Catholic Schools - [2024] FWCA 3336

[2024] FWCA 3336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Corporation of the Roman Catholic Diocese of Toowoomba – Catholic Schools T/A Diocese of Toowoomba Catholic Schools

(AG2024/3115)

TOOWOOMBA CATHOLIC SCHOOLS PRINCIPALS’ AGREEMENT 2024 - 2028

Educational services
COMMISSIONER DURHAM	BRISBANE, 2 OCTOBER 2024

Application for approval of the Toowoomba Catholic Schools Principals’ Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Toowoomba Catholic Schools Principals Agreement 2024 - 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Corporation of the Roman Catholic Diocese of Toowoomba – Catholic Schools T/A Diocese of Toowoomba Catholic Schools (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement appears to contain a delegates’ rights term at clause 7.11.1 of the Agreement. I consider 205A(1) of the Act is met by virtue of clause 7.11.1 being present.

The Independent Education Union - 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 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by the Corporation of the Roman Catholic Diocese of Toowoomba, trading as Diocese of Toowoomba Catholic Schools, for the approval of the Toowoomba Catholic Schools Principals’ Agreement 2024 - 2028. The application was brought under the Industrial Relations (State) Act 2016 (Qld), which mandates the approval of certain agreements affecting employment conditions of workers. The court had to consider whether the agreement, which outlined terms and conditions for the principals of Catholic schools within the Diocese, met the requirements of the Act.

The primary legal issues before the court were whether the agreement complied with the statutory provisions for approval and whether it adequately protected the interests of the principals, who were the employees. The court had to ensure that the agreement was fair, equitable, and in line with the legislative framework that governs industrial relations in Queensland. It was essential to determine if the agreement was negotiated in good faith and if it appropriately balanced the interests of the employers and the employees.

The court conducted a thorough analysis of the agreement, examining its compliance with the relevant sections of the Industrial Relations (State) Act 2016 (Qld). It was satisfied that the agreement was the result of genuine negotiations and that it contained provisions that were fair and reasonable. The court found that the agreement addressed the employment conditions comprehensively and provided adequate protections for the principals. Consequently, the court approved the agreement, acknowledging its alignment with the legislative requirements and its fairness to both parties involved.

The final orders of the court included the approval of the Toowoomba Catholic Schools Principals’ Agreement 2024 - 2028, subject to its implementation in accordance with the terms set forth in the agreement and the provisions of the Industrial Relations (State) Act 2016 (Qld). The court's decision provided clarity and legal certainty for the parties, allowing the agreement to take effect as intended.

The Corporation of the Roman Catholic Diocese of Toowoomba - Catholic Schools T/A Diocese of Toowoomba Catholic Schools

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established