Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn

[2024] FWCA 1536

[2024] FWCA 1536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn

(AG2024/882)

NSW AND ACT CATHOLIC SYSTEMIC SCHOOLS PRINCIPALS ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 2 MAY 2024

Application for approval of the NSW & ACT Catholic Systemic Schools Principals Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the NSW & ACT Catholic Systemic Schools Principals 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 of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn. The Agreement is a single enterprise agreement.

1. The Agreement covers the following employers:

·   Trustees of the Roman Catholic Church for the Diocese of Armidale trading as Armidale Catholic Schools; 

·   Trustees of the Roman Catholic Church for the Diocese of Bathurst trading as Catholic Education Diocese Bathurst; 

·   Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn;  

·   Diocese of Lismore Catholic Schools Limited; 

·   Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle, trading as the Diocese of Maitland-Newcastle Catholic Schools Office;

·   Catholic Schools Parramatta Diocese Limited trading as Catholic Schools Parramatta Diocese; 

·   Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga trading As Catholic Education Diocese Of Wagga Wagga;  

·   The Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes trading as Catholic Education Wilcannia-Forbes; and,

·   Trustees of the Roman Catholic Church as Trustees for the Wollongong Diocese Catholic Schools System, trading as Catholic Education Diocese of Wollongong. 

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. In the circumstances of this Agreement the better off overall test pursuant to ss.193 and 193A does not apply, as the employees to be covered by this Agreement are not employees covered by an award nor are they prospective award covered employees.  

1. Nothing in the Act prevents the making of an enterprise agreement which covers employees that are not covered by an award.[1] In such circumstances, the better off overall test has no effect, but satisfaction with s.206 is required. I am satisfied that the Agreement meets the applicable national minimum wage order as required by s.206 of the Act which provides for a base rate of pay under enterprise agreements. Relevantly s.206(3) provides:

“206 Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.

If an employer is required to pay an employee the national minimum wage etc.

(3)  If:

(a)  an enterprise agreement applies to an employee; and

(b)  the employee is not covered by a modern award that is in operation; and

(c)  a national minimum wage order would, but for the agreement applying to the employee, require the employee's employer to pay the employee a base rate of pay (the employee's order rate) that at least equals the national minimum wage, or a special national minimum wage, set by the order;

the base rate of pay payable to the employee under the enterprise agreement (the agreement rate) must not be less than the employee's order rate.”

1. 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.

2. The Agreement is approved and in accordance with s.54, will operate from 9 May 2024. The nominal expiry date of the Agreement is 9 October 2024.

COMMISSIONER

[1] Sunnyhaven Limited [2012] FWAFB 9086 [10]-[14].

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