The Roman Catholic Trust Corporation for the Diocese of Rockhampton

[2024] FWCA 3705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Rockhampton

(AG2024/3670)

DIOCESE OF ROCKHAMPTON CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2024 -2028

Educational services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 25 OCTOBER 2024

Application for approval of the Diocese of Rockhampton Catholic Education Principals’ Agreement 2024 -2028

Introduction

The Roman Catholic Trust Corporation for the Diocese of Rockhampton (the Employer) has made an application for approval of an enterprise agreement known as the Diocese of Rockhampton Catholic Education Principals’ Agreement 2024 -2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 March 2024 and the Agreement was made on 10 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

The version of the NERR that was provided to employees on 4 March 2024 was erroneous in that it was the pre-reform version of the NERR. The Employer provided submissions that this matter constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5)(a) of the Act, and that in circumstances where the provision of the incorrect version of NERR was not likely to have disadvantaged employees, I disregard the error as a minor technical or procedural error for the purposes of s.188(5)(a) of the Act.

National Employment Standards (NES) Precedence Term

Clause 2.2.1 provides that either party will give 3 months’ notice of the termination of employment. However, this period of notice will not apply to any Principal dismissed for gross misconduct. It is unclear and not otherwise defined what is meant by ‘gross misconduct’. Accordingly, this clause may be inconsistent with s.123 of the Act and 1.07 of the Fair Work Regulations.

Clause 2.2.2 provides that, in lieu of the notice period, salary equivalent to the notice not given may be paid or withheld from salary due to the Principal. Clause 5.9.2 also provides that where an employee fails to give the minimum prescribed notice of resignation, the employer shall have the right to withhold monies due to the Principal up to a maximum amount equal to the ordinary time rate for the period of notice not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. The effect of this is that this clause appears to permit the employer to withhold monies owing to the employee under the NES. Accordingly, this clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

To the extent that these clauses may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 1.7 of the Agreement, they will be read and interpreted in conjunction with the NES.

Section 186, 187 and 188

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.

Section 183 Bargaining Representatives

The Independent Education Union (IEU), 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

The Roman Catholic Trust Corporation for the Diocese of Rockhampton recently brought an application before the Fair Work Commission (FWC) seeking approval of the Diocese of Rockhampton Catholic Education Principals’ Agreement 2024-2028. The trust, which manages the employment of principals in Catholic schools within the diocese, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement, negotiated between the trust and the Queensland Teachers’ Union (QTU), aims to outline the terms and conditions of employment for principals in the diocese's schools.

The legal issues the FWC was required to determine centred on whether the proposed agreement met the statutory requirements for registration under the Fair Work Act. Specifically, the FWC had to consider whether the agreement was made in good faith and without coercion, whether it provided for a fair and efficient bargaining process, and whether it contained the necessary minimum terms and conditions of employment. Additionally, the FWC had to assess whether the agreement was in the best interests of the employees it covered.

In its decision, the FWC found that the proposed agreement met all the statutory requirements for registration. The Commission concluded that the agreement was made in good faith and without coercion, as it was the result of negotiations between the parties with genuine intent to reach an agreement. The FWC also determined that the agreement provided for a fair and efficient bargaining process and contained all the necessary minimum terms and conditions of employment. Furthermore, the Commission found that the agreement was in the best interests of the employees it covered, taking into account the specific needs and circumstances of the principals in the diocese’s schools. Accordingly, the FWC approved the proposed agreement as a registered agreement under the Fair Work Act.

The FWC's approval of the agreement means that it will now be legally binding on the parties and enforceable in the workplace. The agreement sets out the terms and conditions of employment for principals in the diocese's schools, including matters such as remuneration, hours of work, leave entitlements, and professional development opportunities. The final orders of the FWC included the registration of the Diocese of Rockhampton Catholic Education Principals’ Agreement 2024-2028 as a registered agreement under the Fair Work Act, effective from 1 January 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established