The Corporation Of The Trustees Of The Roman Catholic Archdiocese Of Brisbane T/A Brisbane Catholic Education

[2025] FWCA 88

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Corporation Of The Trustees Of The Roman Catholic Archdiocese Of Brisbane T/A Brisbane Catholic Education

(AG2024/4753)

BRISBANE CATHOLIC EDUCATION OFFICE EMPLOYEES’ ENTERPRISE AGREEMENT 2024 - 2027

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2024 – 2027 (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 Trustees Of The Roman Catholic Archdiocese Of Brisbane T/A Brisbane Catholic Education. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

I note that the Agreement contains an NES precedence clause at cl.1.7.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, trading as Brisbane Catholic Education, applied for approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2024 – 2027. The application was made under section 236 of the Fair Work Act 2009, and the matter was heard by Commissioner D’Arcy. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for employees.

The primary legal issue for the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the prescribed pay and conditions. The Commission also needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. This involved assessing the proposed pay rates, entitlements, and other conditions against the Fair Work Act’s requirements and ensuring they were not detrimental to the employees.

The Commission considered the evidence presented by the parties and examined the proposed enterprise agreement. Commissioner D’Arcy found that the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The proposed pay rates and conditions were deemed to be in line with the Act's provisions, and no detriment to the employees was identified. Consequently, the Commission approved the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2024 – 2027, effective from 1 April 2024.

The final orders of the Commission included the approval of the enterprise agreement, effective from 1 April 2024. The approved agreement would apply to the employees covered by the application and would remain in force until 31 March 2027, or until terminated or varied by further agreement between the parties or by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established