DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Townsville
(AG2016/7362)

TOWNSVILLE CATHOLIC EDUCATION PRINCIPALS’ AGREEMENT 2016 - 2020

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Townsville 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 Townsville. 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

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CaseChat Overview and Summary

The Roman Catholic Trust Corporation for the Diocese of Townsville applied to the Fair Work Commission for approval of the Townsville Catholic Education Principals’ Agreement 2016 - 2020. The Catholic Education Commission Townsville was the respondent. The dispute involved the terms and conditions of employment for school principals within the Townsville Catholic Education system. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to employment agreements and workplace relations in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also needed to consider whether the agreement would facilitate productivity, economic prosperity, and social inclusion, as mandated by the Act. The secondary issue was whether the agreement adequately addressed the interests and concerns of both the employers and the employees, particularly in terms of work-life balance, remuneration, and career development.

The Commission found that the proposed agreement was fair and reasonable, as it balanced the interests of both parties and facilitated productivity, economic prosperity, and social inclusion. The agreement was considered to be made in good faith, as it had been negotiated between the parties after extensive consultation and consideration of the relevant factors. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for remuneration, work-life balance, and career development. The Commission also noted that the agreement included provisions for the protection of employee rights and interests, including provisions for dispute resolution and equal opportunity.

The Commission approved the Townsville Catholic Education Principals’ Agreement 2016 - 2020, subject to certain modifications to address minor procedural and technical issues. The final orders included the approval of the agreement with the specified modifications, and a requirement for the parties to provide a copy of the approved agreement to all affected employees.

The Roman Catholic Trust Corporation for the Diocese of Townsville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established