The Roman Catholic Trust Corporation for the Diocese of Cairns

Case •

[2022] FWCA 186

•

4 FEBRUARY 2022
[2022] FWCA 186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Cairns

(AG2021/8886)

Diocese of Cairns, Catholic Education Principals’ Agreement 2020-2024

Educational services

COMMISSIONER SIMPSON

BRISBANE, 4 FEBRUARY 2022

Application for approval of the Diocese of Cairns, Catholic Education Principals’ Agreement 2020-2024

  1. An application has been made for the approval of an enterprise agreement known as the Diocese of Cairns, Catholic Education Principles’ Agreement 2020-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Roman Catholic Trust Corporation for the Diocese of Cairns (the Applicant). The Agreement is a single enterprise agreement.

  1. The title of the NERR provides a title of ‘Cairns Catholic Education Services – Principals’ Agreement 2020’, whereas the title of the Agreement is the ‘Diocese of Cairns, Catholic Education – Principals’ Agreement 2020-2024.’ As such, the NERR was not in accordance with s.173 of the Act. Having considered both the Applicant and Independent Education Union (the IEU) response to this issue, I am satisfied that there was no confusion amongst the subject employees in relation to the fact that bargaining was occurring for an Agreement which would regulate their terms and conditions of employment and that employees were not disadvantaged. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

  1. I am satisfied that each requirement of ss.186, 187 and 188, as are relevant to this application for approval, have been met.

  1. Noting clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The IEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

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