Trustees of the Roman Catholic Church for the Diocese of Broken Bay T/A Catholic Schools Broken Bay

[2025] FWCA 243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Trustees of the Roman Catholic Church for the Diocese of Broken Bay T/A Catholic Schools Broken Bay

(AG2024/4955)

CATHOLIC SCHOOLS BROKEN BAY ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Catholic Schools Broken Bay Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Catholic Schools Broken Bay 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 Diocese of Broken Bay T/A Catholic Schools Broken Bay. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 29 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Trustees of the Roman Catholic Church for the Diocese of Broken Bay, trading as Catholic Schools Broken Bay, seeking approval of the Catholic Schools Broken Bay Enterprise Agreement 2024. The primary concern of the application was to secure the court's endorsement of the negotiated terms, which were intended to govern the employment conditions of the school staff for the upcoming year.

The legal issues that needed resolution included whether the proposed agreement complied with the relevant industrial relations legislation and whether the process leading to the agreement was conducted in accordance with procedural fairness. It was essential to determine whether the agreement was made genuinely in the course of genuine enterprise bargaining, and if the agreement was in the best interests of the employees and the community served by the schools.

The court examined the evidence provided by the parties and considered the submissions made. It found that the agreement was the product of genuine bargaining efforts and was consistent with the statutory requirements. The court was satisfied that the process was fair and that the terms of the agreement were reasonable and in the best interests of the employees and the community. Consequently, the court approved the Catholic Schools Broken Bay Enterprise Agreement 2024.

The final orders of the court were that the Enterprise Agreement be approved and registered as a binding award under the relevant industrial relations legislation. This decision ensures that the agreement will now govern the employment conditions of the staff at the Catholic schools in the Diocese of Broken Bay for the coming year.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established