The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education

[2024] FWCA 3609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education

(AG2024/3756)

BRISBANE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2024

Educational services
COMMISSIONER MCKINNON	SYDNEY, 16 OCTOBER 2024

Application for approval of the Brisbane Catholic Education Principals’ Agreement 2024

The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education has applied for approval of a single enterprise agreement known as the Brisbane Catholic Education Principals’ Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 23 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education sought approval of the Brisbane Catholic Education Principals’ Agreement 2024. This agreement pertains to the employment terms and conditions of principals within the Brisbane Catholic Education system. The application was brought before the Fair Work Commission, which is responsible for regulating and approving such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the principals, and if it was in the best interests of the employees and employers involved. The Commission also needed to consider whether the agreement complied with the Better Off Overall Test (BOOT), ensuring that no party would be worse off as a result of the agreement.

The Commission reviewed the application in detail, considering submissions from both the employer and the employee representatives. It assessed the terms of the agreement against the statutory requirements and evaluated the potential impact on all parties. After thorough consideration, the Commission found that the agreement was fair and reasonable, met the BOOT, and was in the best interests of the employees and employers. Consequently, the Commission approved the Brisbane Catholic Education Principals’ Agreement 2024.

The Fair Work Commission approved the Brisbane Catholic Education Principals’ Agreement 2024, effective from the date of the decision. This decision ensures that the employment terms and conditions for principals within the Brisbane Catholic Education system are regulated and recognised under the Fair Work Act. The approval provides a framework for fair and reasonable terms, ensuring that the interests of both employees and employers are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established