DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Corporation of the Roman Catholic Diocese of Toowoomba
(AG2016/7357)

TOOWOOMBA CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2016 - 2020

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Toowoomba Catholic Education Principals’ Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toowoomba Catholic Education Principals’ Agreement 2016 - 2020 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Corporation of the Roman Catholic Diocese of Toowoomba applied to the Fair Work Commission for approval of the Toowoomba Catholic Education Principals’ Agreement 2016 - 2020. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically focusing on the application of the "better off overall test" (BOOT). The agreement was intended to govern the terms and conditions of employment for principals within the Diocese's schools.

The court needed to determine whether the agreement provided employees with outcomes that were no worse than, and at least one aspect better than, their current conditions. This required a comparison of the proposed agreement against the relevant award, the Independent Education (Private Schools) Award 2010, and whether the agreement offered improvements in at least one area, such as wages, leave, or other benefits. The court also had to consider whether the agreement was consistent with the principles of the Fair Work Act and the public interest.

The Fair Work Commission examined the terms of the proposed agreement and compared them with the existing award provisions. The court found that the agreement did indeed offer improvements in several areas, including increased salary increments, enhanced leave provisions, and better retirement benefits. The Commission concluded that the agreement met the BOOT as it provided principals with a better overall package of conditions. Therefore, the application for approval was granted, and the Toowoomba Catholic Education Principals’ Agreement 2016 - 2020 was approved.

The Corporation of the Roman Catholic Diocese of Toowoomba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established