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

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

Annexure A

CaseChat Overview and Summary

The case involves the Trustees for the Roman Catholic Church for the Diocese of Maitland-Newcastle, trading as the Diocese of Maitland-Newcastle Catholic Schools Office, who applied to the Fair Work Commission for the approval of the Catholic Schools Office, Diocese of Maitland-Newcastle Employees Enterprise Agreement 2024. The agreement seeks to regulate the terms and conditions of employment for certain employees within the Diocese's Catholic schools office. The application was made under the Fair Work Act 2009, which mandates that the Commission considers the application and decides whether to approve the agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements set out in the Fair Work Act, particularly sections 233 and 234, which outline the criteria for the approval of an enterprise agreement. The Commission had to consider if the agreement was in the best interests of the employees and if it was consistent with the principles of the Fair Work Act. Additionally, the Commission needed to assess if the agreement provided a safety net for employees and if it adhered to the good faith bargaining requirements.

In delivering its decision, the Commission first examined the contents of the proposed enterprise agreement to determine if it met the safety net provisions outlined in the Fair Work Act. The Commission also considered whether the agreement provided for appropriate mechanisms for good faith bargaining and if it contained terms that were reasonably necessary to protect the interests of the employees. After thorough analysis, the Commission found that the agreement satisfied all the legal requirements and was in the best interests of the employees. Consequently, the Commission approved the agreement, acknowledging its compliance with the Fair Work Act.

The final orders of the Commission were that the Catholic Schools Office, Diocese of Maitland-Newcastle Employees Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. This decision effectively formalises the terms and conditions of employment for the specified employees, ensuring that the agreement is legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established