The Roman Catholic Trust Corporation for the Diocese of Cairns

[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

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.

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.

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

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.

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.

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

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the applicant, the Roman Catholic Trust Corporation for the Diocese of Cairns, sought approval from the Fair Work Commission for the Diocese of Cairns, Catholic Education Principals’ Agreement 2020-2024. The application was brought under section 238 of the Fair Work Act 2009, which allows for the making of an application to the Commission for an order approving an agreement as a registered agreement. The dispute centred around the terms and conditions of employment for Catholic education principals within the Diocese of Cairns, and whether the proposed agreement met the legal requirements for registration.

The primary legal issues that the Commission had to address were whether the agreement was a genuine agreement, whether it was in the best interests of the employees, and whether it complied with the Fair Work Act. The Commission had to consider the negotiation process, the fairness of the terms, and the overall impact on the employees involved. Additionally, the Commission had to determine if the agreement met the statutory requirements for registration, including the prohibition on including terms that are inconsistent with the Fair Work Act or its regulations.

In delivering the decision, the Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission acknowledged the complexity of the negotiation process and the efforts made by both parties to reach a consensus. The Commission also determined that the terms of the agreement were fair and in the best interests of the employees, taking into account the unique nature of the employment relationship between the Diocese and the principals. The Commission concluded that the agreement complied with the Fair Work Act and approved the application for registration.

The final orders of the Commission were that the Diocese of Cairns, Catholic Education Principals’ Agreement 2020-2024 be registered as a registered agreement under section 176 of the Fair Work Act. This registration ensures that the agreement will have legal effect and bind the parties involved, providing certainty and stability in the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established