Trustees Of The Roman Catholic Church For The Diocese Of Broken Bay T/A Catholic Schools Broken Bay

[2024] FWCA 1341

[2024] FWCA 1341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trustees Of The Roman Catholic Church For The Diocese Of Broken Bay T/A Catholic Schools Broken Bay

(AG2024/775)

CATHOLIC SCHOOLS BROKEN BAY PRINCIPALS ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2024

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

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

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 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 satisfies 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:

(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.

1. The Agreement is approved and in accordance with s.54, will operate from 26 April 2024. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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

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