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
(AG2021/5318)

BRISBANE CATHOLIC EDUCATION OFFICE EMPLOYEES’ ENTERPRISE AGREEMENT 2019 - 2023

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 JUNE 2021

Application for approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane T/A Brisbane Catholic Education, the matter before the court involved the application for approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 - 2023. The application was brought before the Fair Work Commission (FWC) by the respondent, who sought to have the proposed enterprise agreement approved. The applicant, Brisbane Catholic Education, argued for the terms of the agreement to be validated. The dispute centred on various aspects of the enterprise agreement, including wages, working conditions, and other employment-related matters.

The primary legal issues the FWC was required to address were whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009 and whether the agreement complied with relevant industrial laws and regulations. Specifically, the FWC needed to determine if the agreement was made in good faith, covered employees within the organisation, and provided fair and reasonable terms for all parties involved. Additionally, the FWC had to consider if the agreement provided for a fair and efficient resolution of workplace disputes and if it adequately protected the rights and interests of both employees and employers.

The FWC, after reviewing the submissions and evidence presented by both parties, found that the proposed enterprise agreement met the necessary criteria for approval. The FWC noted that the agreement was made in good faith and covered all relevant employees. The terms of the agreement were deemed to be fair and reasonable, providing a balanced approach to the rights and obligations of both parties. The FWC also concluded that the agreement contained provisions for the fair and efficient resolution of workplace disputes and adequately protected the interests of employees and employers. Based on these findings, the FWC approved the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 - 2023, confirming its validity and enforceability.

The final orders of the FWC were that the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 - 2023 be approved, and that it be registered with the Fair Work Commission. The agreement was to take effect from the date of approval and be binding on all parties involved. This decision provided clarity and certainty for both the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane and the employees covered by the agreement, ensuring that the terms of the enterprise agreement would be upheld and enforced in accordance with the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established