DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Rockhampton
(AG2016/7359)

DIOCESE OF ROCKHAMPTON CATHOLIC EDUCATION PRINCIPALS’ - AGREEMENT 2016 - 2020

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Diocese of Rockhampton Catholic Education Principals’ - Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Diocese of Rockhampton Catholic Education 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 Rockhampton. 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 Roman Catholic Trust Corporation for the Diocese of Rockhampton, as the employer, and the Queensland Teachers’ Union, as the representative for the teachers, applied for the approval of the Diocese of Rockhampton Catholic Education Principals’ - Agreement 2016 - 2020. The application was heard in the Queensland Industrial Relations Commission. The dispute centred around the terms and conditions of employment for the principals of Catholic schools within the Diocese of Rockhampton. The key legal issues the court had to address were whether the agreement complied with the relevant legislation and whether it was fair and reasonable for the employees.

The court examined the agreement in detail, considering various aspects such as the terms of employment, remuneration, hours of work, leave provisions, and other conditions. The court also took into account the statutory requirements and the need for the agreement to be fair and reasonable. The court found that the agreement met all the necessary criteria and was in the best interests of both the employees and the employer. The court emphasised the importance of maintaining a balanced approach that recognises the unique nature of Catholic education while ensuring fair treatment for the principals.

Following its detailed analysis, the court approved the agreement. The decision was based on the court's finding that the agreement was fair, reasonable, and complied with all relevant legislation. The approval of the agreement was seen as a positive outcome for both parties, as it provided clarity and certainty regarding the employment terms for the principals within the Diocese of Rockhampton Catholic schools.

The Roman Catholic Trust Corporation for the Diocese of Rockhampton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established