The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn T/A Catholic Education Office Canberra & Goulburn

[2021] FWCA 5885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn T/A Catholic Education Office Canberra & Goulburn
(AG2021/7308)

ACT CATHOLIC EDUCATION EARLY LEARNING CENTRE AND
SCHOOL AGE CARE CENTRE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 22 SEPTEMBER 2021

Application for the approval of ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement2021

[1] An application has been made for approval of an enterprise agreement known as the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn (the Applicant). 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 Independent Education Union of Australia.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn, trading as the Catholic Education Office Canberra & Goulburn, seeking approval for the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2021. The agreement was proposed to govern the terms and conditions of employment for employees within the specified centres. The dispute arose under the Fair Work Act 2009 (Cth), specifically focusing on the approval process for enterprise agreements.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing if the agreement had been made in good faith and if it contained provisions for dispute resolution. Furthermore, the court had to consider whether the agreement was fair and balanced, taking into account the interests of both the employees and the employer.

In rendering its decision, the court examined the provisions of the proposed agreement in detail. It found that the agreement had been made in good faith and contained adequate dispute resolution mechanisms. The court also concluded that the agreement was fair and balanced, taking into account the various interests involved. Consequently, the court approved the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2021.

The court's approval of the enterprise agreement means that it is now legally binding on the parties involved. The agreement sets out the terms and conditions of employment for the employees of the specified centres, and both parties must adhere to its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established