The Roman Catholic Trust Corporation for the Diocese of Cairns

[2013] FWCA 7679

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
(AG2013/10640)

CAIRNS CATHOLIC EDUCATION SERVICES - PRINCIPALS' AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	BRISBANE, 2 OCTOBER 2013

Application for approval of the Cairns Catholic Education Services - Principals' Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Catholic Education Services - Principals' Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4]
The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Roman Catholic Trust Corporation for the Diocese of Cairns to approve the Cairns Catholic Education Services - Principals' Agreement 2013. The application sought to establish a new enterprise agreement for principals employed by the respondent, which would replace the existing Cairns Catholic Education Services - Principals' Enterprise Agreement 2011. The dispute centred around the terms and conditions of employment for these principals, including remuneration, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Commission required resolution of several critical points. Firstly, the Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the procedural fairness provisions. Secondly, it was necessary to assess whether the agreement provided for minimum entitlements as outlined in the Act. Thirdly, the Commission had to consider if the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission found that the agreement was procedurally valid and had been made in good faith. The Commission determined that the agreement provided for minimum entitlements as required by the Act and that it was in the best interests of the employees. The agreement was also found to promote harmonious, productive, and cooperative workplace relations. The Commission approved the Cairns Catholic Education Services - Principals' Agreement 2013, effective from 1 January 2014. The new agreement superseded the existing agreement and would apply to all relevant employees, ensuring updated terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established