Trustees for the Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese Of Maitland-Newcastle Catholic Schools Office
[2024] FWCA 4597
•19 DECEMBER 2024
| [2024] FWCA 4597 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Trustees for the Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese Of Maitland-Newcastle Catholic Schools Office
(AG2024/4454)
CATHOLIC SCHOOLS OFFICE, DIOCESE OF MAITLAND-NEWCASTLE EMPLOYEES ENTERPRISE AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 19 DECEMBER 2024 |
Application for approval of the Catholic Schools Office, Diocese of Maitland-Newcastle Employees Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Catholic Schools Office, Diocese of Maitland-Newcastle Employees Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustees for the Roman Catholic Church for the Diocese Of Maitland-Newcastle trading as the Diocese Of Maitland-Newcastle Catholic Schools Office (the Applicant). The Agreement is a single enterprise agreement.
I note that there was a minor discrepancy in the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) compared to the Agreement itself. The Applicant advised that correspondence that followed the NERR such as bargaining updates contained the correct title and that the Independent Education Union of Australia NSW/ACT Branch (IEU) acted as a bargaining representative for employees to be covered by the Agreement. I am satisfied that the error is a minor technical error and that the employees were not likely to have been disadvantaged by the error. I propose to disregard the error under s.188(5) of the Act.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The IEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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