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
(AG2016/7371)

BRISBANE CATHOLIC EDUCATION OFFICE EMPLOYEES’ ENTERPRISE AGREEMENT 2015-2019

Educational services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Catholic Education. 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] 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.

[4] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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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 the approval of the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2015-2019. The application was contested by various unions and individuals, who raised concerns about the fairness and reasonableness of the proposed agreement. The Commission was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement was fairly negotiated and whether it complied with the provisions of the Fair Work Act. The Commission had to consider if the agreement was made in good faith and if it contained minimum terms and conditions of employment that were no less favourable than the relevant award or safety net award. Additionally, the Commission needed to assess if the agreement was reasonable in the broader context of the national system of industrial relations.

The Fair Work Commission found that the enterprise agreement was the result of genuine negotiations between the parties and was in compliance with the Fair Work Act. The Commission noted that the agreement contained minimum terms and conditions that were at least as favourable as the relevant award and met the safety net standards. The Commission also concluded that the agreement was reasonable in the broader context, taking into account the unique circumstances of the Catholic education sector. As a result, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

As a final order, the Fair Work Commission approved the Brisbane Catholic Education Office Employees’ Enterprise Agreement 2015-2019. The agreement now serves as a binding framework for the employment of office staff within Brisbane Catholic Education, governing their terms and conditions of employment for the specified period.

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