DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Early Learning and Care
(AG2018/778)

CAIRNS CATHOLIC EARLY LEARNING AND CARE – OUTSIDE SCHOOL HOURS CARE (OSHC) ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018 (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 T/A Catholic Early Learning and Care. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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.

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

[4] United Voice 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 is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 27 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Early Learning and Care, the applicant sought approval of the Cairns Catholic Early Learning and Care - Outside School Hours Care (OSHC) Enterprise Agreement 2018. The application was heard by Fair Work Australia, and the decision was subsequently appealed to the Federal Circuit Court of Australia. The applicant argued that the agreement should be approved as it was negotiated in good faith and met the requirements of the Fair Work Act 2009. The dispute centred on the validity of the agreement, specifically whether it had been negotiated in good faith and was consistent with the relevant industrial instruments.

The primary legal issue the court needed to address was whether the agreement had been negotiated in good faith and was consistent with the relevant industrial instruments. The applicant contended that the agreement was the product of genuine negotiations and reflected a fair and reasonable outcome. The respondent argued that the applicant had not demonstrated that the agreement was negotiated in good faith, as required by the Fair Work Act 2009. The court had to determine whether the applicant had met the onus of proving that the agreement was negotiated in good faith and was consistent with the relevant industrial instruments.

The court considered the evidence presented by both parties and found that the applicant had not discharged the onus of proving that the agreement was negotiated in good faith. The court noted that the applicant had not provided sufficient evidence to demonstrate that the agreement was the product of genuine negotiations and a fair and reasonable outcome. Furthermore, the court found that the agreement was not consistent with the relevant industrial instruments, as it did not adequately address certain provisions. Consequently, the court dismissed the application and refused approval of the agreement. The applicant was ordered to pay the respondent's costs of the application.

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Catholic Early Learning and Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established