The Roman Catholic Trust Corporation For The Diocese Of Cairns

[2024] FWCA 4426

[2024] FWCA 4426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Roman Catholic Trust Corporation For The Diocese Of Cairns

(AG2024/4365)

DIOCESE OF CAIRNS, CATHOLIC EDUCATION – PRINCIPALS’ AGREEMENT 2024-2028

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Diocese of Cairns, Catholic Education - Principals' Agreement 2024 - 2028

1. An application has been made for approval of an enterprise agreement known as the Diocese of Cairns, Catholic Education – Principals’ Agreement 2024-2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Roman Catholic Trust Corporation for the Diocese of Cairns. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act, as are relevant to this application for approval, have been met.

1. In the course of considering the application for approval of the Agreement, one error, defect or irregularity in the Agreement was identified:

• in clause 13.3, the words ‘Error! Reference source not found’ must be amended to read ‘13’

1. Having sought further information from the Applicant in relation to the above, I am satisfied that this error falls within the meaning of ‘obvious error’ under s 218A of the Act as the error was due to a document formatting issue. The Applicant consented to the Commission exercising its discretion pursuant to s 218A of the Act to amend the Agreement to correct the error. I am satisfied that the above is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s 218A of the Act.

1. The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, have 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE527184  PR782335>