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
(AG2021/5317)

BRISBANE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2020

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 JUNE 2021

Application for approval of the Brisbane Catholic Education Principals’ Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Catholic Education Principals’ Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] Pursuant to subsection 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 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.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 was heard by the Fair Work Commission. The dispute centred around the approval of the Brisbane Catholic Education Principals’ Agreement 2020. The agreement was proposed for approval under the Fair Work Act 2009, specifically to ensure it met the requirements for a modern award.

The legal issues before the Commission were whether the proposed agreement was a modern award, as defined under the Fair Work Act, and if it complied with the relevant statutory provisions. Key points of contention included the agreement's compliance with the requirements for coverage, the adequacy of the consultation process, and whether the agreement met the criteria for a modern award as stipulated in the Act. Additionally, the Commission had to consider if the proposed agreement was in the public interest and aligned with the principles of the national workplace relations system.

In delivering its decision, the Commission examined the proposed agreement's provisions and found that it did not adequately address certain key aspects of the employees' working conditions, including pay rates and classification. The Commission determined that the agreement failed to meet the statutory requirements for a modern award because it did not sufficiently cover the necessary terms and conditions of employment. Furthermore, the Commission found issues with the consultation process, which did not meet the standards set out in the Fair Work Act. Consequently, the application for approval was dismissed.

The Commission's final orders included a directive for the parties to undertake further negotiations to address the deficiencies identified in the agreement, ensuring it meets all the requirements of a modern award before resubmission for approval. The Commission also emphasised the importance of robust consultation processes in future negotiations.

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