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
(AG2016/7360)

BRISBANE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Brisbane Catholic Education Principals’ Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Catholic Education Principals’ Agreement 2016 (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.

[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] Pursuant to s.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 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.

[5] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, trading as Brisbane Catholic Education, applied to the Fair Work Commission for approval of the Brisbane Catholic Education Principals’ Agreement 2016. The application was made under section 235 of the Fair Work Act 2009, which allows for the approval of an agreement if it meets certain criteria, including that it is in the public interest. The application was opposed by the Queensland Teachers’ Union, which argued that the agreement did not adequately protect the rights of principals and was not in the public interest.

The legal issues before the Commission were whether the agreement met the requirements of section 235 of the Act, including whether it was in the public interest and whether it adequately protected the rights of principals. The Commission considered submissions from both parties and held a hearing to determine whether the agreement should be approved. The Commission found that the agreement met the requirements of section 235 of the Act, including that it was in the public interest and adequately protected the rights of principals.

The Commission noted that the agreement provided for a structured process for resolving disputes between principals and the employer, which was an improvement on the previous system. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes, including the use of mediation and conciliation. The Commission concluded that the agreement was in the public interest because it provided for a stable and effective system for the resolution of disputes between principals and the employer, which was important for the smooth operation of Catholic schools in Queensland. The Commission approved the agreement, and the Queensland Teachers’ Union's application for review was dismissed.

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