DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Cairns
(AG2016/7363)

CAIRNS CATHOLIC EDUCATION SERVICES - PRINCIPALS’ AGREEMENT 2016-2020

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Cairns Catholic Education Services - Principals’ Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Catholic Education Services - Principals’ Agreement 2016-2020 (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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were the Roman Catholic Trust Corporation for the Diocese of Cairns and the Australian Education Union Queensland Division. The dispute centred on the application for the approval of the Cairns Catholic Education Services - Principals’ Agreement 2016-2020. The application was heard in the Fair Work Commission.

The central legal issue was whether the agreement should be approved under section 234 of the Fair Work Act 2009, considering the bargaining power disparity between the parties and the appropriateness of the agreement terms. The court needed to determine if the agreement met the criteria for approval, particularly whether it was in the best interests of the employees and did not undermine the general principles of the Fair Work Act.

The Fair Work Commission found that the agreement was appropriately tailored to the specific circumstances of the employees and the employer, taking into account the disparity in bargaining power between the parties. The Commission held that the agreement was in the best interests of the employees, considering the overall benefits it provided, and did not undermine the general principles of the Fair Work Act. Consequently, the application for approval was granted.

The final orders included the approval of the Cairns Catholic Education Services - Principals’ Agreement 2016-2020, effective from 1 July 2016, with the specified terms and conditions. The agreement was to be registered with the Fair Work Commission and would remain in force until the next scheduled negotiation or until terminated in accordance with its provisions.

The Roman Catholic Trust Corporation for the Diocese of Cairns

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established