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

[2023] FWCA 1780

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

(AG2023/1731)

CATHOLIC SCHOOLS BROKEN BAY ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 JUNE 2023

Application for approval of the Catholic Schools Broken Bay Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Catholic Schools Broken Bay Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trustees of the Roman Catholic Church for the Diocese of Broken Bay (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Trustees of the Roman Catholic Church for the Diocese of Broken Bay, trading as Catholic Schools Broken Bay, and the relevant union. The dispute centred on the application for the approval of the Catholic Schools Broken Bay Enterprise Agreement 2023. The application was brought before the Fair Work Commission, with the union objecting to the proposed agreement on several grounds.

The legal issues before the Commission involved the scrutiny of the enterprise agreement under the Fair Work Act 2009. The union's objections focused on specific clauses within the agreement, questioning whether they complied with the relevant legislative requirements and the principles of procedural fairness. The union argued that certain provisions did not adequately address employee entitlements, working conditions, and dispute resolution mechanisms. The Commission needed to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The Fair Work Commission, in considering the objections, carefully reviewed the terms of the proposed agreement and the objections raised by the union. The Commission assessed whether the agreement provided for the fair and reasonable terms and conditions for employees, taking into account the legislative framework and relevant precedents. After detailed analysis, the Commission found that the agreement was in substantial compliance with the statutory requirements and did not unfairly disadvantage employees. Consequently, the Commission approved the application for the Catholic Schools Broken Bay Enterprise Agreement 2023, dismissing the union's objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established